Municipality can deny charging cables over the sidewalk

A city administration may refuse a special use permit for two cable lines running over a sidewalk, over which electric vehicles are to be charged. This was decided by the Administrative Court of Frankfurt am Main on February 24, 2022, in a case with file number 12 K 540/21.F. The ruling could be of interest to many taxi and rental car companies whose drivers are allowed to take their electric vehicle home and want to charge it overnight.

In the case being heard, the owner of a plug-in hybrid and a battery-electric vehicle in the city of Oberursel wanted to lay two charging lines from his property across the sidewalk using cable bridges in order to charge his vehicles parked on the public road in front for three to six hours each. Cable bridges no higher than 4.3 centimeters with color-coded warning markings were intended to enable safe crossing.

The city of Oberursel rejected this, considering the cable bridges as tripping hazards. The resident sued against this decision. He argued, in addition to the warning paint, that there were not enough charging stations in the city to be able to charge his two vehicles at any time. Aspects of climate protection and the desired transport transition were not taken into account at all.

The administrative court dismissed the lawsuit, as it found no legal objections to the decision. A special use permit under the Hessian Road Act grants the municipality discretion, and in this case, the statutory limits of discretion were observed. Laying a cable bridge on the sidewalk would restrict accessibility and create tripping hazards, particularly for people with walking impairments who rely on the use of wheelchairs or walkers. These public concerns were deemed more significant than the plaintiff's private interest in being able to charge his electric vehicles close to his house, the court wrote in its press release.

Aspects of climate protection are not among the considerations that must be taken into account in a discretionary decision on the issuance of a special use permit. The court also noted that the plaintiff's mobility is not unduly impaired because he has two vehicles. He could charge them sequentially at a charging station. The ruling is not yet final. The plaintiff could apply for an appeal to the Hessian Administrative Court in Kassel.

What does this mean?

Climate protection yes, but: Please proceed with caution! Charging electric vehicles must not become a tripping hazard.