Regulatory law: Glass ban for Cologne carnival unlawful

Background to the glass ban in Cologne

In spring 2010, the regulatory authorities of the city of Cologne imposed a ban on the carrying and use of glass containers in certain parts of the city, including the Altstadt, Sülz and the Kölner Ringe. This so-called "glass ban" was intended to increase safety during the Cologne Carnival by minimising the risk of glass breakage. The measure was implemented by general order and individual orders. Kiosk owners who were affected by this regulation took legal action before the administrative courts as they felt the ban was disproportionate. This was followed by summary proceedings before the North Rhine-Westphalia Higher Administrative Court (OVG) and parallel legal action before the Cologne Administrative Court (VG).

Summary proceedings before the NRW Higher Administrative Court

In summary proceedings, the OVG ruled in favour of the City of Cologne in spring 2010, but without providing any final legal clarification. The court stated that the glass ban was at least not unsuitable for preventing hazards caused by broken glass. It emphasised that the protection of public safety takes precedence when weighing up interests. However, the OVG left the fundamental legal questions open and pointed out that the complaints would have to be examined in detail before the administrative courts.

Decision of the Cologne Administrative Court

The Cologne Administrative Court carried out a detailed legal review and ruled that the glass ban was unlawful. The court found that the law on averting danger does not permit purely precautionary measures if there is no specific danger. The mere carrying and use of glass containers does not constitute a danger within the meaning of hazard prevention law, as these are not dangerous in themselves. A danger only arises through unlawful or punishable behaviour, such as damage to property or bodily harm. In addition, the ban affects a large number of people who would in all probability behave properly.

Conclusion and implications for future legal issues

The judgement of the Administrative Court of Cologne emphasised that preventative measures to avert danger are only permissible in the event of a specific risk situation. The blanket assumption that carrying glass containers inevitably leads to hazards is not sufficient to justify a ban. This judgement could have an impact on future security measures, particularly with regard to events such as the Cologne Carnival, where similar security measures could be debated again.