Overview

• The fee’s constitutionality may be questioned only if the overall output of ARD, ZDF and Deutschlandradio shows gross, regular shortfalls in plurality and balance over at least two years.
• Plaintiffs must substantiate claims with robust evidence, typically a scientific expert report demonstrating evident and recurring deficits across TV, radio and online.
• Administrative courts cannot strike down the fee themselves but may refer cases to the Federal Constitutional Court if convinced of a serious, sustained breach of the broadcasters’ mandate.
• The Leipzig ruling returned the test case to the Bavarian Higher Administrative Court, with presiding judge Ingo Kraft noting the plaintiff’s current submissions appear doubtful.
• Observers say politically aligned groups could test the new route, though any success will depend on methodologically sound studies and the high bar set by the court’s guidelines.