In June, they applied to the district office for permission to set up a shot-up Russian tank or a self-propelled howitzer in front of the embassy for two weeks. However, the authority initially rejected this on the grounds that “people probably died” in the wreck. Therefore, the exhibition is not appropriate. In addition, it affects Germany’s foreign policy interests. Approval can therefore only be granted after discussions with the Berlin state government or the federal government.
The museum makers filed an urgent application with the administrative court against this decision. The district office then argued that the action was not about art. Pedestrian and vehicle traffic will also be hindered because crowds are to be expected. In addition, the list puts a strain on refugees.
However, the two imitators of the project were successful with their summary proceedings before the administrative court. Although the two could not claim that the wreck is set up directly in front of the Russian embassy. Because the middle promenade of the street Unter den Linden is “in all likelihood not designed for a load of 40 tons”.
According to the court, however, there is a right to set up the tank on a closed section of a side road. The chamber explained that it was “irrelevant” whether the action involved art. As an “expression of opinion”, it falls under the constitutionally protected freedom of expression. In addition, there are no road law reasons preventing the granting of the permit, because the side road at the point in question is closed to vehicles.
The temporary installation does not affect the overall impression of the monuments, it said. Reasons of piety and Germany’s foreign policy interests are also not “issues relevant to road law”. “Won,” Lenze tweeted after the court verdict became known. An appeal against the decision can be lodged with the Berlin-Brandenburg Higher Administrative Court.
