Berlin court rules NIUS can resume advertising on BVG transport

The Higher Administrative Court of Berlin-Brandenburg has ruled in favor of the media portal NIUS, overturning a decision by the Berliner Verkehrsbetriebe (BVG) to terminate its advertising campaign. The court rejected the BVG's appeal, confirming a previous ruling that the media outlet has a right to “equal and non-discriminatory access” to advertising spaces after the BVG had already reviewed and approved the content.

The dispute began in April when NIUS booked advertising on double-decker buses and inside U-Bahn stations. The campaign triggered significant public backlash, including social media calls for protesters to damage BVG facilities and disrupt operations. In one instance, a bus featuring NIUS advertisements was pursued for several hours by a vehicle displaying counter-slogans.

The BVG had initially ended the campaign citing security risks and the potential for third-party interference. However, the court determined that the threat of violence or disruption from third parties does not justify excluding the advertiser. As a result, the BVG must provide NIUS with replacement advertising periods—78 days on a double-decker bus and 28 days in the U-Bahn—within the next six months.