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Dresden court finds Czech- and Polish-border checks unlawful, but Germany keeps controls in place

Nov 13, 2026
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Dresden court finds Czech- and Polish-border checks unlawful, but Germany keeps controls in place
A landmark ruling from the Dresden Administrative Court on 13 November 2026 declared two individual police inspections at Germany’s Czech and Polish land borders unlawful. The lawsuits were brought by a German bus passenger checked at Breitenau/Krásný Les in May and by a cross-border commuter stopped between Görlitz and Zgorzelec in 2024. The court held that the Interior Ministry’s blanket order to reintroduce border controls did not justify the specific checks examined, because the police failed to show an immediate threat that would have met Schengen-code proportionality tests. The decision is the latest in a string of lower-court defeats for Germany’s internal border regime, which started with controls on the Austrian frontier in 2015 and was expanded to Czechia, Poland, Switzerland and, in 2024, to all neighbouring countries. Despite the ruling, the Federal Police continue to operate checkpoints; Interior Minister Alexander Dobrindt has already prolonged the current order until 15 March 2027, citing smuggling networks and migration pressures. The government is expected to appeal. For business travellers and logistics providers the practical message is: nothing changes—for now. Coaches, shuttles and company vehicles entering from Czechia or Poland can still be pulled over, although the judgment strengthens travellers’ ability to claim damages for disproportionate delays. Mobility managers should advise employees to carry passports and allow extra time at lesser-used crossings, where spot checks remain frequent. Legal experts say the case increases pressure on Berlin ahead of next spring’s Schengen evaluation. If higher courts concur, Germany could face infringement proceedings or compensation claims from carriers affected by the 2023-2026 controls. Companies moving staff across the eastern borders should monitor the appeal timetable and factor in possible policy shifts before the mid-March expiry date. In the meantime, the safest strategy is compliance. Carriers should brief drivers to cooperate with police and document any extended stops. Travellers with tight connections should consider rail routes that cross the border at larger stations, where ID checks are more predictable.
Source: Expats.cz

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