The owner of a freely accessible plot of land is not obliged to remove rubbish that has been dumped there unlawfully. This also applies if the owner is a public-law body. This has now been ruled by the Federal Administrative Court (BVerwG) in Leipzig (Case No. 10 C 7.24 of 28 April 2026).

In the present case, unknown persons had dumped roofing felt on a wooded plot of land belonging to the Federal Agency for Real Estate Tasks, which is open to the public. After the district authority had refused to remove the waste, the Federal Agency took charge of its removal. It subsequently demanded that the district authority reimburse the costs of the waste disposal.

The Federal Administrative Court has now ruled, in line with the Higher Administrative Court of Bautzen, that the Federal Agency is not obliged to remove the rubbish, as it has not become the „owner“ of the waste within the meaning of the Closed-Loop Economy Act. As there is a general right of access to the land under the Federal Forest Act, the Federal Agency, as the landowner, lacks the necessary control over the waste, as it cannot prohibit access to its land. Consequently, the district authority, as the public-law waste management body, must take responsibility for waste disposal and, in this case, reimburse the costs incurred.