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The Cologne Administrative Court has rejected an application by the AfD for an interim regulation in the dispute over the classification as a suspected case by the Federal Office for the Protection of the Constitution (BfV).
Because the BfV had promised not to comment publicly on a possible classification until the conclusion of an urgent procedure, this intermediate step was not necessary, the court announced on Wednesday.
The office has also promised to refrain from observation with intelligence means until a decision is made.
The AfD can lodge a complaint against the decision at the Higher Administrative Court in Münster (Az .: 13 L 105/21).
The Office for the Protection of the Constitution had promised the court that it would not use intelligence services to monitor candidates and MPs of the party until the end of the urgent proceedings.
In addition, the Office for the Protection of the Constitution will refrain from publicly announcing whether it classifies the AfD as a suspected case or with a certain right-wing extremist tendency until the proceedings are concluded.
The court found that in view of the statements made by the Federal Office for the Protection of the Constitution, observation by intelligence services during the duration of the urgent proceedings could only affect the simple members of the party - these possible consequences are not so serious that a hanging decision would be necessary.
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According to the court, there is basically a considerable public interest in an observation after classification as a suspected case.
Because it is about the protection of the free democratic basic order, which is to be defended by the constitution protection authorities, it says in the justification of the administrative court in Cologne.