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Bitter setback for Transport Senator Regine Günther (58, Greens)! At the request of the Berlin AfD deputy Frank Scholtyseck, the Berlin Administrative Court inclined the “emerging” bike paths in the city.
At the core of the ruling, the judges mainly criticize the fact that the Berlin Senate for Transport did not see the need to explain the “dangerous situation” with which (the Senate) wanted to legally justify the installation of the bicycle lanes (Kantstraße, Stresemannstraße , Wilhelmstraße).
“The Senate did not explain at all what the dangerous situation arises from,” said Dominic Hörauf, deputy spokesman for the Berlin Administrative Court, when asked. The result: “In theory, the bike lanes that were installed on this basis should now be dismantled immediately.”
The senator of Transportes Günther could now file a complaint with the Superior Administrative Court against the sentence of first instance of her house. “A suspensive effect that the emerging bike lanes have to be dismantled” did not have the complaint, continued the spokesman.
In simple language: in a few days, the employees of the road authorities would have to make the roads unrecognizable again and remove the markings and signage.
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The spokesman emphasized: “The court expressly left open that the Senate can justify the dangerous situation with figures and data. But then he has to do it, “said spokesman Hörauf. Until now, he apparently has not deemed it necessary.
According to Hörauf, the reference to the special situation of the pandemic is not, expressly, a sufficient reason. “Now it can be a game of rabbits and hedgehogs,” he says. And also: “The Senate appeals, but it has to cut back. Then it could be that the Senate gets a well-founded lawsuit with the OVG and is allowed to reinstall the previously removed bike lanes. “
