Overview

• The Federal Administrative Court in Leipzig remitted a Bavarian case to the Munich VGH, ruling that administrative courts must examine claims about broadcasters’ program mandate when plaintiffs present substantial evidence.
• The judges held that the Rundfunkbeitrag remains payable unless the overall output of ARD, ZDF and Deutschlandradio shows evident and regular shortfalls in diversity and balance over a longer period.
• Successful challenges require indications typically backed by scientific studies covering at least two years before the contested assessment, and individual dissatisfaction with specific programs does not suffice.
• If a lower court finds credible signs of a systemic failure, it must refer the contribution’s constitutionality to the Federal Constitutional Court for review.
• The ruling arrives as a planned reform of the contribution-setting model has stalled, with several states withholding support and no agreement in sight.