GenerallyNo increased administrative fees for cost notices following towing measures
No increased administrative fees for cost notices following towing measures
February 12, 2026
The city of Dortmund regularly announces in its notification letters regarding towing measures that the standard administrative fee of €97 will increase due to "additional expenses" if a cost order is issued. In the case at hand, it subsequently set an administrative fee of €139. The plaintiff appealed this cost order. His vehicle had been parked in the city center in violation of the five-meter rule at an intersection and was subsequently towed.
The Gelsenkirchen Administrative Court ruled the fee increase unlawful. According to the North Rhine-Westphalia Fees Act, no separate fee may be charged for the cost decision itself. The administrative effort involved in issuing the cost assessment therefore does not justify an increase in the administrative fee. The court overturned the assessment insofar as the levied fee exceeded the minimum amount of the relevant standard fee (30 euros).
The lawsuit was unsuccessful. The towing was lawful due to the parking violation; in particular, there was a danger to pedestrians. The city was therefore entitled to charge the minimum administrative fee as well as the actual towing costs as expenses.
The verdict is not yet legally binding.
The city of Dortmund regularly announces in its notification letters regarding towing measures that the standard administrative fee of €97 will increase due to "additional expenses" if a cost order is issued. In the case at hand, it subsequently set an administrative fee of €139. The plaintiff appealed this cost order. His vehicle had been parked in the city center in violation of the five-meter rule at an intersection and was subsequently towed.
The Gelsenkirchen Administrative Court ruled the fee increase unlawful. According to the North Rhine-Westphalia Fees Act, no separate fee may be charged for the cost decision itself. The administrative effort involved in issuing the cost assessment therefore does not justify an increase in the administrative fee. The court overturned the assessment insofar as the levied fee exceeded the minimum amount of the relevant standard fee (30 euros).
The lawsuit was unsuccessful. The towing was lawful due to the parking violation; in particular, there was a danger to pedestrians. The city was therefore entitled to charge the minimum administrative fee as well as the actual towing costs as expenses.
The verdict is not yet legally binding.
The specialist news in the information center is provided to you by the editorial team for Tax & Law at DATEV eG.
No increased administrative fees for cost notices following towing measures
The city of Dortmund regularly announces in its notification letters regarding towing measures that the standard administrative fee of €97 will increase due to "additional expenses" if a cost order is issued. In the case at hand, it subsequently set an administrative fee of €139. The plaintiff appealed this cost order. His vehicle had been parked in the city center in violation of the five-meter rule at an intersection and was subsequently towed.
The Gelsenkirchen Administrative Court ruled the fee increase unlawful. According to the North Rhine-Westphalia Fees Act, no separate fee may be charged for the cost decision itself. The administrative effort involved in issuing the cost assessment therefore does not justify an increase in the administrative fee. The court overturned the assessment insofar as the levied fee exceeded the minimum amount of the relevant standard fee (30 euros).
The lawsuit was unsuccessful. The towing was lawful due to the parking violation; in particular, there was a danger to pedestrians. The city was therefore entitled to charge the minimum administrative fee as well as the actual towing costs as expenses.
The verdict is not yet legally binding.
The city of Dortmund regularly announces in its notification letters regarding towing measures that the standard administrative fee of €97 will increase due to "additional expenses" if a cost order is issued. In the case at hand, it subsequently set an administrative fee of €139. The plaintiff appealed this cost order. His vehicle had been parked in the city center in violation of the five-meter rule at an intersection and was subsequently towed.
The Gelsenkirchen Administrative Court ruled the fee increase unlawful. According to the North Rhine-Westphalia Fees Act, no separate fee may be charged for the cost decision itself. The administrative effort involved in issuing the cost assessment therefore does not justify an increase in the administrative fee. The court overturned the assessment insofar as the levied fee exceeded the minimum amount of the relevant standard fee (30 euros).
The lawsuit was unsuccessful. The towing was lawful due to the parking violation; in particular, there was a danger to pedestrians. The city was therefore entitled to charge the minimum administrative fee as well as the actual towing costs as expenses.
The verdict is not yet legally binding.
The specialist news in the information center is provided to you by the editorial team for Tax & Law at DATEV eG.
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