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18.05.2026
A municipality does not violate its duty of neutrality and the equal opportunities of political parties if it stands up for the free democratic basic order and draws attention to political developments. The Lüneburg Administrative Court dismissed a corresponding complaint by the AfD district association Harburg-Land against the city of Buchholz in the first instance (Ref.: 1 A 85/24 of 29.04.2026).
In early 2024, the city of Buchholz added its logo to a flyer for the „Defend democracy - Together against right-wing extremism!“ rally and distributed it via its website and by email. The reason for the rally was an investigation by the media organisation Correctiv into a meeting of radical right-wingers in Potsdam. The back of the flyer also spoke of a radicalisation of the AfD. The AfD district association saw this as a violation of the state's duty of neutrality and the equal opportunities of the parties.
According to the court, however, the leaflet focussed on standing up for the free democratic basic order, while the reference to the AfD was only of secondary importance. Although the party's equal opportunities were affected, this was justified, as local authorities were allowed to stand up for basic democratic values and, in this context, also draw attention to developments within the AfD. In the court's opinion, the accusation of radicalisation was supported in particular by reports from the Office for the Protection of the Constitution and decisions by other courts.