Freiburg Administrative Court decision of November 17, 1998
VG 4 K 2141 /96

Complainant
vs.
Accused

in the matter of Order denying use of street

The decision of the accused from December 21, 1993 and its appeal of August 14, 1996 is overturned concerning the payment of a fine in the amount of DM 1,000 for each instance of violation.

The rest of the complaint is dismissed.
The complainant bears court costs.

For history, see
VG - 4 K 758/93 -
Freiburg Administrative Court decision of June 6, 1994

The reason the decision concerning the fine was overturned:

Those sort of fines (for each case of violation) are, according to the latest high court decision ([Federal Constitutional Court] BVerwG, GB of June 26, 1997, NVwZ 1998, 393), only permissible if the current sentence execution law, in this case the Baden-Wuerttemberg state administration sentence execution law, permits a fine "on condition." But the chamber is not able to conclude that.  The fine cannot be partially maintained in the sense that enables "one" setting of a fine in each case of violation (BVerwG, GB of June 26, 1997, NVwZ 1998, 393, 394).