Germany’s controversial internal border checks, re-introduced in 2024 and repeatedly prolonged, are heading back to court. Werner Schroeder, professor of European law at Innsbruck University—and a German citizen who commutes across the Bavarian-Tyrolean frontier—filed suit on 27 November at the Munich Administrative Court. He is backed by the Berlin-based Society for Civil Rights (GFF). Schroeder argues that Berlin’s blanket checks breach Articles 25-30 of the Schengen Borders Code, which allow controls only as a strictly time-limited exception when “a serious threat to public order or internal security” exists. He says several European Court of Justice and Bavarian Higher Administrative Court rulings have already declared similar extensions unlawful, yet the Federal Police continue to demand ID from cross-border rail passengers.
The professor’s complaint stems from a June 2025 incident aboard a regional train between Kufstein (Austria) and Rosenheim (Germany) where officers allegedly used force to seize his wallet after he refused to present documents. Schroeder calls the checks “symbolic politics” that deliver few security gains while undermining free movement for workers and tourists. Since September 2024, Germany has expanded temporary checks from the Austrian frontier to all nine land borders; the current six-month renewal runs until 15 March 2026.
![EU law scholar sues Germany to end prolonged border checks]()
Business-mobility managers warn that ad-hoc controls add 15-30 minutes to rail and road journeys on key trans-alpine corridors used by truckers and corporate shuttles. Logistics groups report more spot fines for drivers lacking passports, despite EU rules allowing ID-free travel for EU nationals. The lawsuit therefore resonates beyond civil-liberty circles: manufacturers with just-in-time supply chains fear higher costs if Schengen’s “exception” becomes permanent.
If the Munich court upholds the claim, Berlin could be forced either to end the checks or defend them before the ECJ—potentially resetting compliance expectations across the bloc. Multinationals should monitor the case timetable (first hearing expected Q2 2026) and brief assignees crossing the Austrian, Polish or Czech borders to continue carrying valid ID until a final judgment is handed down.
The professor’s complaint stems from a June 2025 incident aboard a regional train between Kufstein (Austria) and Rosenheim (Germany) where officers allegedly used force to seize his wallet after he refused to present documents. Schroeder calls the checks “symbolic politics” that deliver few security gains while undermining free movement for workers and tourists. Since September 2024, Germany has expanded temporary checks from the Austrian frontier to all nine land borders; the current six-month renewal runs until 15 March 2026.
Business-mobility managers warn that ad-hoc controls add 15-30 minutes to rail and road journeys on key trans-alpine corridors used by truckers and corporate shuttles. Logistics groups report more spot fines for drivers lacking passports, despite EU rules allowing ID-free travel for EU nationals. The lawsuit therefore resonates beyond civil-liberty circles: manufacturers with just-in-time supply chains fear higher costs if Schengen’s “exception” becomes permanent.
If the Munich court upholds the claim, Berlin could be forced either to end the checks or defend them before the ECJ—potentially resetting compliance expectations across the bloc. Multinationals should monitor the case timetable (first hearing expected Q2 2026) and brief assignees crossing the Austrian, Polish or Czech borders to continue carrying valid ID until a final judgment is handed down.
