After the AfD's success in urgent proceedings - negotiations on the protection of the constitution classification in March

The Cologne Administrative Court wants to negotiate from March 10th about whether the Federal Office for the Protection of the Constitution (BfV) can classify the AfD as definitely right-wing extremist. A court spokesman told the German Press Agency that these plans had been communicated to those involved in the proceedings.

For capacity reasons, the trial will take place in a justice building in Siegburg near Cologne. The building was built for 43 million euros in order to be able to handle the expected flood of cum-ex lawsuits. But since there have only been a few cases regarding cum-ex tax fraud so far, it is largely empty.

At the beginning of this year, the Cologne Administrative Court decided in an urgent procedure that the Office for the Protection of the Constitution was not allowed to classify the AfD as a confirmed right-wing extremist effort for the time being and to monitor it accordingly. The domestic intelligence service continues to treat the party as a suspected case in the right-wing extremist spectrum. However, this first court decision was only provisional - the case is now to be dealt with in detail in the main proceedings.

In its urgent decision in February, the court took the view that there was sufficient certainty that efforts directed against the free, democratic basic order were being developed within the AfD. However, this “does not shape it in such a way that, based on its overall picture, an anti-constitutional tendency can be identified,” said the court.

Last year, after several years of review, the Federal Office for the Protection of the Constitution classified the AfD as definitely right-wing extremist. The suspicion that the party is pursuing efforts against the free democratic basic order has been confirmed and has largely become a certainty, according to the domestic secret service.

The AfD took legal action against this. She filed a lawsuit and an urgent application with the Cologne Administrative Court because the Federal Office for the Protection of the Constitution is based in Cologne (AZ 13K3895/25 and 13L1109/25). In doing so, the AfD wanted to have the Federal Office for the Protection of the Constitution prohibited from listing, classifying and treating it as right-wing extremist. She was successful in the expedited procedure - but now the main proceedings are coming into view.

Once the Cologne Administrative Court has decided the case, the legal dispute does not have to be over yet. The decision can then be appealed at the next higher instance. The legal dispute over the question of whether the AfD can be classified as right-wing extremist could drag on for a long time.