Dresden court rules German border checks with Poland unlawful

The Administrative Court in Dresden ruled on Thursday, 12 November 2026, that border checks ordered by Germany's federal interior ministry on the borders with Poland and the Czech Republic were unlawful. The rulings are not yet final, and the court decided two complaints.

Two complaints, two cases

One was brought by Jakub Woliński, a citizen of Poland and Germany who lives in Görlitz and travels almost daily to Zgorzelec, where his family lives. The case concerns a check on 25 September 2024 on the city bridge linking the two towns. After entering Germany, federal police checked his identity and searched the boot of his car. Woliński argued there was no legal basis for this and on 4 October 2024 filed a complaint against the Federal Republic of Germany.

The second complainant is Volker Wiedersberg from Michendorf in Brandenburg.

What the court decided

According to the court's statement, the checks ordered by the ministry on the borders with the Czech Republic and Poland were unlawful, as were the specific measures taken against both complainants. The court only found that the checks were unlawful at the time. The ruling does not automatically give a right to compensation.

An appeal can be lodged with the higher administrative court in Bautzen, because the case matters beyond the two individual cases.

German courts had previously issued similar rulings on borders with Austria and Luxembourg. The Dresden case is the first to concern checks directly on the Polish–German border.

Germany's position

Germany justifies the checks by irregular migration, people-smuggling and pressure on the asylum system, among other reasons. According to a European Commission list, the current checks were notified until 15 March 2027.

What this means for people living in the UK

The ruling concerns checks on Germany's borders with Poland and the Czech Republic, not rules that apply in the United Kingdom. It may matter for people who regularly cross the Polish–German border, particularly those living in border areas. It also shows that extending border checks does not release German authorities from complying with EU rules.

Because the ruling is not final, it is not yet clear whether the checks will end. It remains open whether the German government will follow the court's position or pursue the legal dispute further.