Radio operators who operate in a professional office used their private home an Internet-enabled computer, you must pay for this, no additional fees, if already in the private rooms used radios are logged. That the Federal Administrative Court yesterday ruled in the last instance (document number BVerwG 6 C 15:10; BVerwG 6 C 45.10; BVerwG 6 C 20.11). Thus confirmed the Leipziger three lower court judges rulings.
In the three cases, the defendant negotiated public-service broadcasters for business use PCs in Privatwohungen had separately demanded license fees, while the plaintiffs appealed to the Gebührenberfreiung for secondary devices. The lower courts had given the plaintiffs rights and repeal the fees charged, whereas the Bayerischer Rundfunk, Hessischer Rundfunk and the southwest radio had gone several times in revision.
Clause 5 paragraph 3 of the state license fee contract (PDF) provides, however, that for new types of radio receivers like Internet-ready PCs, “not only in the private sector” are to pay any fees. Provided that “the devices and assign the same property or contiguous properties, and that other radio receivers are there kept for the reception” is.
The Federal Administrative Court has interpreted this provision to the effect that it is applicable ‘when the conventional radio receiver is kept as Erstgerät on the same property for the reception, which is also assigned to the PC as a secondary device. ” It did not matter, “whether the conventional radio receiver in which not only private but also part of the property used for business or dwelling shall be maintained.”
For this review, the Federal Administrative Court had come largely in compliance with the spirit and purpose of the scheme, would privilege the new types of radio receivers and radio license fees legally, it said in a statement. On the one hand, such devices are often portable (laptops, smart phones) and therefore evading a fixed assignment to certain premises. On the other hand, they were – especially not in the private sector – often not (primarily) the radio reception, but purely as a working tool.
“I am delighted that common sense and justice have prevailed, annoyed but still need that the whole process costs are now borne by all fee payers – can be with foreign fee revenue litigate easily,” said Uwe Hanns, web designer and editor of an online Ski Magazine and one of the plaintiffs, compared with ZDNet. “I like to pay my private GEZ fees because I see too many documentaries and reports on public television, but collect twice and injustice can not be. I also wonder if the public broadcasters in so many offers Radio, TV and Internet do, or millions of salaries paid to top earners such as Gottschalk and Jauch need. This is certainly not for fee-funded primary health care. “
The public broadcasters appreciate that, because of the Leipzig ruling now around 20,000 sufferers have to pay less fees. “The broadcasters regret this decision. We felt that the provision at issue here, is interpreted differently. But we of course respect the decision of the Federal Administrative Court,” BWR Counsel Hermann Eicher told the ARD.
Such problems are likely to do with the proposed new rules for 2013 for license fees. Then the fees are not more per unit, but each household is collected. It does not matter whether only one or more receivers in the household are present. The fee is also payable, if any, are not ready for television, radio, computer or other Internet-enabled device to receive. The fee should correspond to the most recent release on television and radio. This is currently € 17.98 a month, who has only one radio, pay € 5.76.
Of the new system will primarily benefit households, where adult children live in or the grandparents. They have been charged per head. The same applies to residential communities in which multiple receivers are used. For second and holiday homes at a reduced allowance is provided. Looking up, however, have those who lack equipment and still be asked to pay. Additional revenue also hopes that the policies of companies that previously paid no license fees. However, you must not register each device individually. Instead, the billing is staggered by the number of employees and locations.
