Hamburg court finalizes trespassing conviction over daycare Christmas tree

The Hanseatisches Oberlandesgericht has issued a final ruling against a gardener who secretly placed a Christmas tree on the fenced grounds of a daycare center in the Lokstedt district of Hamburg in December 2023.

The daycare center had previously decided against displaying a Christmas tree to respect religious freedom and ensure no children felt excluded, though they continued to use other seasonal decorations like wreaths and advent calendars. The gardener, a 55-year-old business owner, was convicted of trespassing (Hausfriedensbruch).

Following a previous conviction by the Landgericht Hamburg, the defendant's appeal was rejected, making the sentence legally binding. The penalty includes a fine of 80 daily rates of 30 euros, suspended on probation, and a requirement to pay 2,400 euros to a children's institution.