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Berlin Court Dismisses Challenges to German Arms Exports to Israel

Judges pointed to the government's altered licensing policy, emphasizing the narrow scope for preventive review.

Overview

  • The Berlin Administrative Court ruled multiple Palestinian lawsuits inadmissible, rejecting bids to halt current and future export approvals and to revoke past permissions.
  • The court said preventive injunctions require a foreseeable repeat of the same government action, noting Chancellor Friedrich Merz’s August 2025 order pausing new approvals for weapons usable in the Gaza war.
  • In a separate case targeting the 2023 authorization and delivery of 3,000 RGW 90 (Matador) weapons, judges declined to declare the approval unlawful, citing the executive’s core discretion and changed conflict conditions.
  • The decisions are not final, and the plaintiffs’ legal team signaled plans to seek leave to appeal at the Higher Administrative Court of Berlin‑Brandenburg.
  • Hearings were held under heightened security; a Berlin-based doctor testified about injuries seen in Gaza, and one plaintiff was reported killed in July, as filings referenced earlier authorizations totaling roughly €250 million in 2025 and about €2.46 million approved in September.