A Munich court has ruled that German-Austrian border checks violate EU law, reigniting the Schengen debate.

The Administrative Court of Munich has ruled that border checks conducted at the German-Austrian border are unlawful under European law. The decision stems from lawsuits filed by three individuals, including Werner Schroeder, a European law professor, and Abdulhamid Aledeh, a Nigerian truck driver. The court found that specific passport checks conducted in 2025 violated the Schengen Agreement and the updated Schengen Border Code. The plaintiffs argued that the long-standing border checks, reintroduced in 2015, lack justification under current EU regulations.

The ruling aligns with recent pressure from the European Commission, which has urged Germany and other member states to phase out internal border controls. However, representatives from Germany’s Federal Ministry of the Interior and Federal Police defended the measures, citing migration concerns. The German government has indicated it will appeal the decision, continuing its stance that these rulings are isolated cases. Similar lawsuits have previously succeeded, including one involving a law professor traveling from Luxembourg to Germany.