Administrative law: Higher Administrative Court for the State of North Rhine-Westphalia confirms the legality of Cologne's glass ban

Higher Administrative Court for the State of NRW, 9 February 2012, Ref.: 5 A 2375/10 and 5 A 2382/10

We have already reported here on the ban on glass at Cologne's street carnival:

https://www.mth-partner.de/rechtsanwaltsblog/ordnungsrecht-glasverbot-zum-kolner-karneval-rechtswidrig/

The 5th Senate of the Higher Administrative Court of North Rhine-Westphalia has now ruled that the ban on glass at the 2010 Cologne street carnival was lawful.

At the end of 2010, the city of Cologne issued a general decree banning glass on certain carnival days in certain areas of the city centre. At the same time, the retail businesses located there were banned from selling glass drinks containers.

As a result, the Cologne Administrative Court upheld the complaints against these bans on the grounds that the danger threshold was not yet exceeded by the mere carrying, use and sale of glass drinks containers.

The 5th Senate of the OVG NRW did not agree and stated that the damage threatened by the mass disposal of glass containers (cuts, tyre punctures, obstruction of emergency vehicles, etc.) would justify regulatory intervention against the carrying, use and sale of glass.

Source: Higher Administrative Court for the State of NRW

Important Note: The content of this article has been prepared to the best of our knowledge and belief. However, due to the complexity and constant evolution of the subject matter, we must exclude liability and warranty. Important Notice: The content of this article has been created to the best of our knowledge and understanding. However, due to the complexity and constant changes in the subject matter, we must exclude any liability and warranty.

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