German Border Checks: What the Dresden Court Ruled

A German court has ruled that police checks at the borders with Poland and the Czech Republic were unlawful.

In two judgments announced on 12 November 2026, the Administrative Court of Dresden (Verwaltungsgericht Dresden) found that the internal border controls the Federal Ministry of the Interior had ordered for the periods in question broke EU law.

Those periods were at the Polish border from 16 June to 15 December 2024, and at the Czech border from 16 March to 15 September 2026. The identity checks carried out under those orders were therefore unlawful too (VG Dresden press release; LTO).

If you live in Germany and plan a trip to Prague, Wrocław or a Christmas market across the border, the ruling does not change much yet. The checks continue.

Here is what the court decided and what you should carry.

• What was decided: two identity checks were unlawful, one in Görlitz in September 2024 and one at the Czech border on the A17 motorway in May 2026, because the border controls behind them were not compatible with the Schengen Borders Code. One check also included a search of the claimant’s van (cases 6 K 2335/24 and 6 K 1103/26).
• Not final: the court allowed an appeal to the Saxon Higher Administrative Court (Sächsisches Oberverwaltungsgericht). The written reasons were not yet available when the ruling was announced.
• Checks continue: the ruling covers these two cases. The current order, notified to the European Commission, covers all German land borders from 16 September 2026 to 15 March 2027 (European Commission).
• Not the first ruling: courts in Munich and Koblenz and the Bavarian Higher Administrative Court have previously found German border checks unlawful for past periods (LTO). In 2022, the EU Court of Justice ruled in an Austrian case that such controls cannot simply be extended beyond six months on the basis of the same threat (CJEU, C-368/20 and C-369/20). The ministry has said it wants decisions from higher courts.

NOTE: The ruling does not mean you can refuse a check at the border today. It decided that two specific past checks were unlawful. A court can only make such a decision after the fact, if you sue.

What Was the Dresden Border Checks Case About?

Why Germany Has Border Checks Inside Schengen

Inside the Schengen area, border checks are meant to be the exception.

Under the revised Schengen Borders Code (Regulation (EU) 2024/1717), a country can keep internal border controls only for a limited time and must justify them with a risk assessment.

Germany has controlled the Polish and Czech borders since October 2023 and all its land borders since 16 September 2024, renewing the orders every six months (LTO).

What the Claimants Argued Against the Border Checks

The government argued that the checks are needed to limit irregular migration.

The two claimants, a Polish citizen who lives in Görlitz and a German citizen who travels to the Czech Republic several times a year, argued that the controls had become permanent rather than a response to a sudden threat.

The court sided with the claimants and ordered the federal government to pay the costs (VG Dresden).

The court has not yet published its written reasons, so its exact grounds are not known.

What to Carry for German Border Checks: ID, Passport and Permit

Because checks continue at all German land borders, travel as if you will be stopped.

Allow extra time on trains, long-distance buses and border bridges, especially around the holidays. Our FlixTrain guide covers cheap train travel in Germany.

WARNING: If your residence permit has expired and you only have a Fiktionsbescheinigung (the paper you get while an extension is pending), check before you travel whether it lets you re-enter Germany. Not every version does. LegalWeg explains the rules in its guide to the Fiktionsbescheinigung.

Can You Sue Over a German Border Check?

The Dresden cases show that it is possible.

Both claimants filed a declaratory action (Fortsetzungsfeststellungsklage), the type of case used when the measure is already over, after being checked.

The court accepted that they had a legitimate interest because they cross the border often and could be checked again.

Both had a lawyer. A win gives you a court finding that the check was unlawful; it does not stop future checks (VG Dresden).

Practical rule: If you want to take legal action, talk to a lawyer about costs first.

Legal insurance only helps if your policy covers disputes with the authorities under administrative law, which many standard policies do not.

See our guide to legal insurance in Germany and our legal insurance comparison.

How Long Will German Border Checks Continue?

• The federal government can appeal to the Saxon Higher Administrative Court.
• The current controls at all German land borders run until 15 March 2027. The government can notify a further six-month extension, as it has done repeatedly since 2023.
• A further case is pending at the Administrative Court of Stuttgart (LTO).

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