In summary proceedings, the Administrative Court of Berlin ruled by order of 4 December 2014 that the organiser of the Christmas market in front of Charlottenburg Palace may not charge visitors an entrance fee.
No Entrance Fee for the Organiser
For the first time this year, the operator of the Christmas market intended to levy an admission charge of three euros, but only on Saturdays and only from 4.30 p.m. onwards. On Sunday afternoons, visitor numbers were so high that it was no longer possible to pass through the stalls. For this reason, the operator sought, by charging an entrance fee, to redirect visitors to less heavily frequented Christmas market hours.
Violation of the Public Green Space Act
The Administrative Court of Berlin, however, prohibited such an entrance fee. Charging admission fees for events held in a public green and recreational area contradicts its designated purpose, according to which it should generally "be available to everyone free of charge for recreation". The court expressly emphasised that cordoning off the public green and recreational area violates the Public Green Space Act (Grünanlagengesetz). The application for interim relief was therefore dismissed.
Frequently asked questions
Frequently asked questions
Can the organizer of a Christmas market on public green space charge admission?
No. The Berlin Administrative Court ruled on 04.12.2014 that no admission fee may be charged for a Christmas market held on a public green and recreational area. Doing so would conflict with the designated purpose of such spaces, which are to serve everyone free of charge for recreation.
Why does charging an admission fee for a Christmas market violate the Green Spaces Act?
Under the Green Spaces Act (Grünanlagengesetz), public green and recreational areas must generally be available to everyone free of charge for recreational use. Cordoning off such an area to charge admission fees contradicts this designated purpose and is therefore impermissible.
Can an organizer charge admission to manage visitor numbers at a Christmas market?
Even for the purpose of managing visitor flows, no admission fee may be charged on public green spaces. In an expedited proceeding, the Verwaltungsgericht Berlin confirmed that even a time-limited admission charge (e.g., only on Saturdays from 4:30 p.m.) is impermissible if it takes place on a public green space.
Which court ruled on the entrance fee at the Schloss Charlottenburg Christmas market?
The Berlin Administrative Court (Verwaltungsgericht Berlin) ruled in expedited proceedings on 4 December 2014 that the organiser of the Christmas market in front of Schloss Charlottenburg may not charge visitors an entrance fee of three euros.