Munich Administrative Court hears lawsuits against border controls at the German-Austrian border

The controls at Germany's land borders were introduced on 16 September 2024 by the Federal Ministry of the Interior to further curb the number of unauthorized entries. Since then, they have been extended three times according to the ministry; the most recent extension runs until mid-September 2026.

Background: Internal border controls since September 2024

The plaintiffs regard the measures as violating European law because, in their view, systematic internal border controls contravene the requirements of the Schengen Borders Code. They are seeking confirmation of this from the court and want to avoid being checked in the future.

Niedermayr described the controls in the proceedings as "politische Willkür" and warned that "hier tatsächlich vorsätzlich gegen bestehendes Recht verstoßen wird". The plaintiff Werner Schroeder, professor at the Institute for European Law and International Law at the University of Innsbruck, who commutes by train at least once a week from Munich to his workplace, framed the issue more fundamentally: "Die Frage ist, wie viele rechtswidrige Handlungen muss man ertragen?"

Plaintiffs' arguments: Violations of Schengen law

Schroeder has filed an application for interim relief seeking to avoid being checked again in the future. Should another control nevertheless occur, coercive fines could, according to his account, be imposed against the federal police.

The Munich Administrative Court has already announced its intention to grant leave to appeal against its decision. Previous rulings, according to the plaintiffs' side, repeatedly declared the contested controls impermissible.

Outcome of the proceedings and possible appeal

The hearing addresses whether the systematic controls at the internal border with Austria are compatible with the Schengen Borders Code. Should the court side with the plaintiffs, the federal government would be forced to review its concept of comprehensive land border controls.

The three cases were heard jointly at the Munich Administrative Court. Apart from the named plaintiffs, no other applicants are party to the proceedings. The Federal Police and the Federal Ministry of the Interior are involved in the case as parties to the proceedings and did not comment publicly before the hearing.

Regardless of the outcome, the question of the proportionality of the measures remains politically contentious. The federal government points to the need to limit irregular migration and safeguard internal security. Critics such as the plaintiffs see in this a break with the principles of the Schengen Area, which is meant to guarantee free travel without internal border controls.

With the ruling announced for Thursday, the last word has not yet been spoken: since the court intends to grant leave to appeal, a higher instance — potentially the Higher Administrative Court or the Federal Administrative Court — could also be required to examine the question.