The principle of plurality of providers is highly valued in the funding of daycare centres. This is evident from the Reasons for the decision which the Federal Administrative Court has now published. In autumn 2023, the court ruled that the co-payment limit for parents to daycare providers that applies in Berlin is inadmissible (Ref.: 5 C 6.22 of 26.10.2023). Dombert Rechtsanwälte represented the plaintiff in all instances Independent day-care centre provider, which was ultimately successful.

According to the reasons for the decision, the court considers the goal of limiting contributions pursued by the state of Berlin to be legitimate. However, as part of the balancing process, it makes it clear that this objective cannot be pursued at any price. This is because, in the opinion of the Federal Administrative Court, the basic decision of the federal legislator to maintain a diverse child and youth welfare system with different providers also enjoys a high status. Accordingly, it is unlawful if a funding system is designed from the outset in such a way that some of the independent providers are excluded.

Lawyers Dr Beate Schulte zu Sodingen and Franziska Wilke, who represented the plaintiff independent provider, are organising an online seminar on 25 April 2024 on the decision and its potential impact on funding systems in other federal states. Details on the content and registration can be found here.

Your contacts for questions relating to childcare and school law in our practice are the lawyers Dr Beate Schulte zu Sodingen, Franziska Wilke and Charlotte Blech.