Christ,
Radtke
held on 18 December 2018
1. a) Article 33(2) second sentence in conjunction with Article 13(1)
number 5 of the Bavarian State Police Act (Polizeiaufgabengesetz) in
the version of the Ordinance to Adapt Land Law to the Current Allocation of Responsibilities of 22 July 2014 (Bavarian Law and Ordinance
Gazette – Bayerisches Gesetz- und Verordnungsblatt, page 286) as
well as the amendment thereof in Article 39(1) sentence 1 in conjunction with Article 13(1) number 5 of the Bavarian Police Act in the version of the Act to Reform Bavarian Police Law of 18 May 2018 (Bavarian Law and Ordinance Gazette, page 301) are incompatible with Article
2(1) in conjunction with Article 1(1) of the Basic Law given the violation of Article 71, Article 73(1) number 5 of the Basic Law and they are
void to the extent that they authorise automatic number plate recognition for the purposes of preventing or suppressing the illegal crossing
of borders.
b) Article 13(1) number 5 of the Bavarian Police Act in the version of
22 July 2014 and in its subsequent versions is incompatible with Article 71, Article 73(1) number 5 of the Basic Law and void to the extent
that it provides for identity checks for the purposes of preventing or
suppressing the illegal crossing of borders.
2. a) Article 33(2) second to fifth sentences of the Bavarian Police Act
in the version of 22 July 2014 and its amended version in Article 39(1)
in the version of 18 May 2018 are incompatible with Article 2(1) in conjunction with Article 1(1) of the Basic Law to the extent that they
- fail to limit automatic number plate recognition pursuant to Article
13(1) number 1 of the Bavarian Police Act in the version of 22 July
2014 and its subsequent versions to the protection of legal interests of
at least considerable weight,
- provide for automatic number plate recognition pursuant to Article
13(1) number 5 of the Bavarian Police Act in the version of 22 July
2014 and its subsequent versions for “transit routes ([...] other routes
of considerable importance for cross-border movement)” and
- do not provide for a duty to document the basis upon which the automatic number plate recognition is carried out.
4/34