BVerfGE 52, 1 — Kleingarten (Urteil des Ersten Senats vom 12. Juni 1979, 1 BvL 19/76)

Urban Farm DB summary

The First Senate judgment of the Federal Constitutional Court of 12 June 1979 (docket 1 BvL 19/76). It held that the combination of a blanket bar on termination, narrowly enumerated grounds, mandatory administrative approval and price control under the 1944 protection ordinance and the 1969 amending act was incompatible with the property guarantee of Article 14 of the Basic Law as it applied to private landlords. Section 1(3) of the 1944 ordinance and section 2(2) of the 1969 act were declared void for breaching rule-of-law principles. The court reasoned that allotments had shifted from subsistence necessity to recreational use, weakening the social justification for restrictions of that breadth.

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• incompatible with Article 14

  constitutional ruling(kleingarten tenancy law)

  Policy

  region

  Germany

  year

  1979

  method

  First Senate judgment of 12 June 1979, docket 1 BvL 19/76

Direction of conclusions

Each author conclusion is recorded only as a coded direction per topic. Read the original for the conclusion itself.

• Land tenureContradictsWith caveats
• Policy and governanceMixedWith caveats