Judgment not yet final: Blocking Friedrichstraße in Berlin is illegal

Against the will of the shopkeepers, the Berlin Senate blocks a section of Friedrichstrasse that is to become a promenade. More than two years later, a court ruled: There was no legal basis for this. But politicians are already working on the conversion to a pedestrian zone.

The highly controversial and hotly debated blocking of cars on Friedrichstrasse in the center of Berlin is illegal according to a court decision. Such a road closure by the Senate is only possible for reasons of security and order, but these requirements are not met, the Berlin Administrative Court decided, as was announced in the afternoon. The court thus agreed with the owner of a wine shop in Friedrichstrasse, who had sued. According to the court, the Senate Transport Administration cited the better quality of stay in Friedrichstrasse as a commercial street for its decision. However, there is no legal basis for this in the road traffic regulations.

The decision is not yet final. The Senate, on the other hand, can take action at the Higher Administrative Court (OVG). If the decision becomes final, the Senate must open Friedrichstrasse to cars again within two weeks. If the Senate moves to the OVG, nothing has to happen for the time being.

However, the senate administration has also submitted an application to the Mitte district office for a so-called change in the dedication as a public road that is also open to car traffic. That would mean that the disputed stretch of road is no longer a public highway. This would result in a completely new legal situation. The procedure is still ongoing. The Green Transport Senator Bettina Jarasch announced that she would not deviate from her goal of a pedestrian zone. “I want a good permanent solution as a pedestrian zone for the Friedrichstrasse promenade.” According to Jarasch, the entire area up to the Gendarmenmarkt is to be redesigned and thus become a kind of large pedestrian zone.

The traffic test to the “Friedrichstrasse promenade” began in August 2020. Since then, cars have been taboo on a 500-meter-long section between French and Leipziger Strasse with many shops. However, the hoped-for upswing for the shopping street, which at times overtook the Ku’damm but later had increasing problems, has not materialized so far. The Senate Transport Administration acknowledged the difficulties, but saw the problem with the cycle path in the middle of the closed section. The cyclists would scare away the strolling pedestrians. As a consequence, the cycle path should also disappear at some point.

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