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Court Orders BVG to Reinstate Nius Advertising

A Berlin administrative court said public-law transport operators may not bar paid speech for reputation or manageable security concerns and required concrete remedies.

Overview

  • The Verwaltungsgericht Berlin ruled on Monday that the BVG must resume Nius’s advertising, offer a 28-day replacement U‑bahn booking, publish a court-ordered correction, and bear most of the €15,000 in procedural costs.
  • The court found Julian Reichelt’s social-media post stayed within the bounds of freedom of expression and prohibited the BVG from calling the post “offensichtlich rechtswidrig.”
  • Judges rejected the BVG’s security and corporate-reputation arguments by saying safety fears only justify excluding an advertiser when public order cannot be maintained even with police measures.
  • The BVG had halted the campaign in early June after online calls for disruption, protests and activists following a Nius-branded double-decker bus, which the court acknowledged but deemed insufficient to justify removal.
  • The BVG has appealed to the Oberverwaltungsgericht Berlin‑Brandenburg so the first-instance order is enforceable as an interim decision and could become a precedent on how public entities regulate paid speech on their property.