Plaintiffs versus Free State of Saxony – Court Ruling (Germany, 2026)

The plaintiffs challenged a decision approving the amendment plan concerning the southern runway and apron at Leipzig/Halle Airport. During the proceedings, they sought permission for their technical adviser, a permanent resident in the United States, to participate in the oral hearing by video and audio transmission. Among other issues, with the participation via video call, the discussion revolved around the transmission qualifying as a data transfer to United States. The transfer involved data of the plaintiffs, judges as well as spectators. The plaintiffs considered such lawful according to Article 49(1)(e) GDPR. The plaintiffs also submitted that personal attendance of the adviser would involve considerable time and expense and that avoiding a burdensome long-distance journey would support the quality of his participation. They further argued that remote participation would reduce the costs of the environmental proceedings and avoid air travel in furtherance of their noise and climate protection objectives. They suggested scheduling the adviser’s participation on a designated hearing day and at an appropriate time. The oral hearing had been scheduled over three days, with two substitute dates, in proceedings involving extensive subject matter and numerous participants. The court rejected the application. First, it exercised its discretion under § 102a VwGO and considered the case unsuitable for a video hearing because accommodating the six-hour time difference would impede the structured conduct of the complex, multi-day hearing. The adviser’s questioning from the United States would also constitute sovereign judicial activity extending into another state and therefore require US authorization through judicial assistance. Concerning data protection, the court held that Article 6(1)(e) GDPR read with § 102a VwGO did not by itself make the transfer lawful. On the contrary, the Court considered that consent should have been obtained under Article 49(1)(a) GD