Berlin, 27 October 2022. In a decision rendered today, Berlin‑Brandenburg Superior Administrative Court rejected an appeal filed by the Land of Berlin in an injunction action. The appeal was directed against a decision handed down by Berlin Administrative Court on 1 August 2022. The Administrative Court had accepted the petition for an injunction filed by SHARE NOW and WeShare, provisionally holding that their carsharing services do not constitute a special use and therefore do not require a permit from the Berlin Senate. This ruling has now been upheld by Berlin‑Brandenburg Superior Administrative Court in a decision issued today.
In the grounds for the ruling, the High Court stated that the SHARE NOW and WeShare business model, viewed objectively while taking into account the entire circumstances, was based on parking or making vehicles that have been registered and are ready to use available on public roads. The purpose of this is to have their customers move them from a stationary position into mobile traffic as soon and as frequently as possible. According to the High Court, the fact that the vehicles are used commercially is a feature that the providers share with all other owners of commercially used vehicles of all kinds. This does not stand in the way of public use of roads, as anyone is allowed to do so without a permit. In contrast to street trading, the service was also held to be in line with roads' use purpose. Moreover, according to the High Court, the providers do not have their employees enter into public space aside from merely providing the vehicles. The vehicles are thus simply “parked”. No permit is required for this.
The decision rendered by Berlin‑Brandenburg Superior Regional Court is final and binding and cannot be appealed.
Acting as counsel for SHARE NOW and WeShare in the proceedings were the Redeker lawyers Dr Christian Eckart, LL.M. (Cornell) and Dr Korbinian Reiter, LL.M. (Paris 1 – Panthéon Sorbonne). Redeker partner Dr Christian Eckart advises and acts as counsel for sharing economy companies nationwide on public law regulatory issues. Dr Korbinian Reiter is specialised in public commercial law and European law.
