Constitutional Court: Broadcasting Fee Constitutional, Secondary Residence Fee Obligation Removed
Germany's Constitutional Court has upheld the legality of the broadcasting fee. However, the court ruled that the obligation to pay the fee for secondary residences is unconstitutional.
Karlsruhe – Germany's Federal Constitutional Court on July 18, 2018, affirmed the constitutionality of the public broadcasting fee. The court, however, found that the current system, which requires owners of secondary residences to pay the fee twice, violates the principle of equal treatment.
The court argued that owners of secondary residences are unduly disadvantaged. Lawmakers are now tasked with amending the regulations by June 30, 2020. Until then, and effective from the date of the ruling, individuals who already pay the fee for their primary residence can apply for an exemption for their secondary residence.
The ARD ZDF Deutschlandradio Beitragsservice has provided an application form for secondary residence owners seeking an exemption. The application requires a registration certificate proving the residency dates for both the primary and secondary homes.
Exemption applies only to the applicant. Adult cohabitants in a secondary residence are obligated to register with the Beitragsservice to determine their own fee liability. Any fees paid in excess will be offset against the primary residence fee or refunded.