German courts rule on school placements and legal delays

The Higher Administrative Court of North Rhine-Westphalia has ruled that proximity to a residence can take precedence over religious affiliation in the allocation of places at public denominational primary schools. In a specific case involving a student in Bonn, the court ordered a Catholic school to provisionally admit a non-religious student because the school was the closest available option, despite the school having admitted Catholic children for whom a closer denominational school was available.

While children belonging to the school’s specific religion generally have priority, this priority only applies to the nearest school. There is no general priority for religious children regardless of their proximity to the institution.

Separately, the Federal Court of Justice (BGH) ruled that the state may be liable for additional interest costs resulting from excessively long legal proceedings. Under Section 198 of the Courts Constitution Act, compensation must be assessed based on how a case would have proceeded if handled within a reasonable timeframe. This ruling follows a case where a construction material supplier faced increased interest on damages due to a multi-year appeal process.