MÜNSTER (dpa-AFX) - In the dispute over the legality of a ban on the stay in Lützerath, the Higher Administrative Court for the state of North Rhine-Westphalia (OVG) has rejected an appeal by climate activists. The urgent decision of the Administrative Court of Aachen from the previous week was not objectionable, the OVG announced on Monday. The decision of the OVG is not appealable (Az.: 5 B 14/23).

In the lower court, the court had classified the residence ban issued by the district of Heinsberg as "presumably lawful" and rejected the urgent application of the climate activists. The entry into Lützerath could not be justified with reference to civil disobedience as a result of a climate emergency. The legal basis was the police and public order law. The OVG agreed with this view. "The state's monopoly on the use of force as the cornerstone of modern statehood is fundamentally not amenable to relativization by any forms of civil disobedience," the OVG ruled, according to a statement.

RWE wants to demolish Lützerath, which belongs to Erkelenz, in order to mine the coal underneath. Climate activists who have occupied the few buildings want to prevent this. Before Christmas, the district of Heinsberg issued a general order to evacuate the village. The general order prohibits people from staying from December 23, 2022 to February 13, 2023, it said. If this order is not complied with, the order provides the basis "for taking eviction measures as of January 10."/lic/DP/jha