Köln – The Federal Office for the Protection of the Constitution (BfV) is, for the time being, prohibited from classifying and treating the AfD as a confirmed extremist organization. The Administrative Court of Cologne ruled that the federal agency must await the outcome of the main proceedings. The AfD had filed a lawsuit against the classification.
Alice Weidel Declares a Major Success
The court has essentially granted the party’s urgent application. As the court further decided, the BfV must also refrain from publicizing such a classification for now.
The ruling can be appealed to the Higher Administrative Court of North Rhine-Westphalia in Münster. The main proceedings are also still pending. Until decisions are reached, the federal party may no longer be described as a confirmed extremist organization. Observers view the decision as a setback for the BfV.
Court Sees Anti-Constitutional Tendencies
According to the court, there is sufficient certainty that efforts directed against the free democratic basic order exist within the AfD. However, no anti-constitutional basic tendency can be derived for the party as a whole. The BfV came to a different assessment on May 2, 2025, stating that the suspicion had been confirmed.
On May 2, the then-acting Interior Minister Nancy Faeser (55, SPD) informed the public about the expert opinion. The reclassification was “clear and unequivocal.” She stated there had been no political influence on those who created it. According to the BfV, the AfD finding is based on a “highly careful expert assessment” over around three years.
The ruling issued on Thursday is not, however, a clean bill of health for the AfD. The judges explicitly emphasize that “a strong suspicion continues to exist that the applicant is pursuing efforts hostile to the constitution.” One reason for the decision in the urgent proceedings is that the BfV has not yet disclosed its sources. The court cannot assume, to the detriment of the AfD, that more far-reaching plans are being pursued internally than can be seen from publicly available sources.
Saxony’s Interior Minister Criticizes “Hasty” Action
Saxony’s Interior Minister Armin Schuster (64, CDU) criticized the actions of the Federal Office and the previous federal government. Schuster told BILD: “With a politically motivated snap decision, the ancient traffic light coalition did the German security authorities a disservice.”
Despite this ruling, five AfD state associations are now considered “confirmed right-wing extremist” or “right-wing extremist.” Lower Saxony was added in February 2026. Previously, the classification applied to the state associations of Thuringia, Saxony, Saxony-Anhalt and Brandenburg.
Frequently Asked Questions
What did the Administrative Court of Cologne decide?
The Administrative Court of Cologne decided that the Federal Office for the Protection of the Constitution (BfV) may not, for the time being, classify and treat the AfD as a confirmed extremist organization, pending the outcome of the main proceedings.
What was the AfD’s response to the ruling?
AfD leaders Alice Weidel (47) and Tino Chrupalla (50) stated that the ruling was a significant success for the rule of law and democratic fairness, and that in a democracy, voters decide who participates in the political competition.
What is the status of the AfD’s state associations?
Despite this ruling, five AfD state associations are currently considered “confirmed right-wing extremist” or “right-wing extremist,” including those in Thuringia, Saxony, Saxony-Anhalt, Brandenburg, and Lower Saxony.
As this legal battle unfolds, what implications might this ruling have for the future of political discourse and security assessments in Germany?
