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


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).