The Higher Administrative Court has upheld the advertising campaign of the controversial portal Nius, ruling that the portal retains the right to continue its advertisements on the surfaces operated by the Berliner Verkehrsbetriebe (BVG). The judges confirmed that the BVG is also prohibited from labeling certain statements made by the editor-in-chief as “clearly unlawful.”
The court reasoned that as a public institution, the BVG is permitted to host advertising on and in its vehicles, provided it has given prior consent according to its specifications. Nius had launched both outdoor advertising on a double-decker bus and interior advertising for the subway in April. The campaign quickly generated intense public debate, leading to social media calls for damage to BVG facilities and disruptions of operations. For instance, a double-decker bus featuring Nius advertising was tracked for several hours by a placard vehicle displaying opposing slogans. Following a post by Nius Editor-in-Chief Julian Reichelt on the platform “X,” the BVG decided to terminate the campaign.
A lower administrative court had already largely sided with Nius in its injunction request, and the 1st Senate of the Higher Administrative Court has now confirmed that decision while dismissing the BVG’s appeal. The court emphasized that Nius is entitled to “equal and non-discriminatory access to the BVG’s advertising spaces,” provided the BVG has reviewed and approved the content. Therefore, merely citing the possibility of third parties committing violence against BVG facilities or disrupting operations due to the campaign is not sufficient justification for excluding Nius from using the advertising space.
The Berlin judges further clarified that if third parties issue threats to the BVG or harass a bus with advertising during traffic in social media, it is the responsibility of the BVG to report this behavior to the authorities, but this does not justify termination of the contract with the applicant. Security concerns can only justify losing access if public safety and order cannot be maintained even through police intervention. The court noted, “However, there is no evidence of this here-especially given the lack of police involvement.”
Furthermore, the court addressed concerns stemming from a BVG press release in which the editor-in-chief’s comments regarding bisexuality, alongside a photo montage of supposed advertising, were described as “clearly unlawful.” Nius can demand an injunction against this, as the ruling was deemed “unassailable” (Decision of September 21, 2026 – OVG 1 S 63/26).
