German border controls have been ruled unlawful

The Administrative Court of Koblenz (Verwaltungsgericht Koblenz) has ruled that border checks between Germany and Luxembourg between 16 March and 15 September 2025 breached the provisions of the Schengen Borders Code. The court proceedings concerned an incident at the Perl-Schengen crossing on 11 June 2025. According to the verdict, the German authorities failed to provide the factual evidence required to extend internal border controls.

In particular, the court found that the government had failed to demonstrate the existence of a ‘sudden’ surge in illegal migration specifically via the Luxembourg route. Berlin also failed to carry out a proper assessment of the resources available to the competent authorities and did not prove that the functioning of the Schengen Area as a whole was under threat. The official notification sent to the European Commission as justification was deemed legally insufficient.

The current situation affects around 223,000 cross-border workers who cross the border every day to work in Luxembourg. Many of them are Luxembourg nationals who are forced to live in neighbouring countries due to the high cost of housing. Although the German side has already extended the controls until 15 September 2026 under a new notification, the current court ruling renders such measures legally untenable.

The organisation ‘Young European Federalists of Luxembourg’ (JEF Luxembourg) has called on Minister Leon Gloden to contact his German counterparts immediately to halt the inspections. According to the activists, Luxembourg should demand that the European Commission initiate infringement proceedings against Germany. Should the Commission fail to act, the state is advised to consider bringing the matter before the Court of Justice of the European Union under Article 259 of the Treaty on the Functioning of the EU. Although Germany has the right to appeal, the Koblenz court’s ruling has already set a precedent that calls into question the practice of turning extraordinary control measures into a routine tool.