Federal Constitutional Court hears ARD and ZDF lawsuit against failure to increase broadcasting fee

Previously, the Commission for the Determination of the Financial Requirements of the Broadcasting Corporations (KEF) had recommended raising the fee on 1 January 2025 by 58 cents to 18.94 euros per month. "Ein unabhängiger und staatsferner öffentlich-rechtlicher Rundfunk müsse auch unabhängig und staatsfern finanziert werden", so the broadcasters' argument. In an interim report from February 2026, the KEF now recommends only an increase of the broadcasting fee by 28 cents to 18.64 euros – and not retroactively to January 2025, but only from 1 January 2027.

Despite the revised recommendation, ARD and ZDF are maintaining their complaints. "Der Verfassungsverstoß sei nicht behoben", ARD stated. The broadcasters argue that the federal states, as the third step in the established procedure, must implement the KEF recommendation, and that deviation is only possible in exceptional cases.

Arguments of the federal states

Above all, the states of Saxony-Anhalt, Bavaria, and Brandenburg consistently rejected an increase on 1 January 2025. To justify this, they primarily referred to initiated structural reforms at ARD and ZDF. They also pointed to a special reserve that the broadcasters could use for needs-based financing. The heads of government of the federal states decided not to follow the KEF's recommendation.

The KEF justified its revised projection, among other things, with a higher number of households in Germany, increased interest income for the broadcasters, and savings on investments. This was due, on the one hand, to the fact that there are more households in Germany, meaning more people would pay the fee. On the other hand, the broadcasters had received more interest income due to rising interest rates and had saved on investments.

Three-step procedure for setting the fee

The broadcasting fee is paid per household and finances public broadcasting in Germany. The procedure follows three steps: First, the broadcasting corporations report their calculated needs; then the independent KEF reviews this and issues a recommendation, before the 16 state parliaments implement the recommendation.

The broadcasters' programming mandate is regulated in the Interstate Media Treaty and is defined by the 16 federal states. The Federal Constitutional Court had already clarified in 2021 that the states may only deviate from the KEF recommendation jointly and with comprehensible special reasons.

Outlook on the ruling

Hearings were held in Karlsruhe all day on Tuesday; no ruling has yet been issued. "Ein Urteil soll am Dienstag noch nicht fallen", it was said from the court. A decision is expected by the end of the year. The news was broadcast on 23.06.2026 on the Deutschlandfunk program.

The hearing is considered groundbreaking for the relationship between independent financial oversight and the political sovereignty of the federal states regarding public broadcasting. Observers expect the court to specify the standards from its 2021 ruling.