Administrative court Neustadt refers to the articles of association of Speyer
Neustadt / Weinstrasse (jur). This was decided by the administrative court of Neustadt an der Weinstrasse in a judgment announced on Friday, July 22, 2016 and confirmed the articles of association of the city of Speyer (Az: 4 K 123 / 16.NW).
Parents from Speyer who had put their two children in a day care center in the city had moved to court. When numerous daycare centers across Germany for better working and wage conditions went on strike in 2015, the day care center in Speyer also took part. There was only a limited amount of childcare in the form of a day care “emergency group”.
The parents meanwhile shipped their children to the grandparents for two weeks in the afternoon. They asked the city of Speyer to reimburse the daycare and meals. Her children were not accommodated in the after-school care center. They also referred to the practice of other municipalities that approved a premium refund.
The city council refused, however, and referred to its corresponding articles of association.
In its judgment of July 14, 2016, the administrative court also found that parents are not entitled to a premium refund. On the one hand, the parents could have accommodated their children in the day care center as part of the emergency operation.
On the other hand, there is no entitlement because of the corresponding articles of association. Childcare contributions were based on mixed funding and did not reflect the actual costs, but were to be seen as a “flat-rate parental participation based on social criteria”. The contributions would far from cover personnel costs.
If there is a strike-related temporary closure of the daycare center, the parents' contribution still does not represent a “benefit-equivalent equivalent for the continued provision of a daycare place”, said the administrative court. Even if other municipalities refunded contributions, the city of Speyer is not bound by it. fle