On 19 September 2025, the Higher Administrative Court of North Rhine-Westphalia ruled that the City of Cologne may not make special use permits for outdoor dining at Brüsseler Platz subject to a closing time of 22:00. The court thereby overturned the previous ruling to the contrary by the Cologne Administrative Court.
Background
There are around 700 outdoor dining seats on Brüsseler Platz in Cologne. For years, the city had set closing times at 11.30 pm. However, following a ruling by the Higher Administrative Court in 2023, the city was obliged to implement effective noise control measures from 10.00 pm. Consequently, the city stipulated in its current special-use permits that outdoor dining areas must close as early as 10.00 pm. This was justified on the basis of noise measurements from December 2024, which indicated that even a moderately busy outdoor dining area was likely to exceed the noise limits.
One affected operator challenged this decision. Her application for interim relief before the Cologne Administrative Court was initially unsuccessful – however, her appeal to the Higher Administrative Court has now been successful.
The Higher Administrative Court’s ruling
The Higher Administrative Court made it clear that, whilst the city does have a margin of discretion when granting special use permits, its decisions must be based on a sound factual basis. This was not the case here.
The noise measurements from December 2024 did not prove that the exceedances were in fact caused by outdoor catering. It was equally possible that the noise pollution had been caused by other groups in the square. Furthermore, there was no evidence of specific complaints attributable to the outdoor catering.
Consequently, there was insufficient justification for the drastic restriction to a closing time of 22:00. The Higher Administrative Court’s ruling is final.
Implications for the hospitality and cultural sectors
With this ruling, the court has set limits on the City of Cologne’s assessment of social noise. Noise on Brüsseler Platz must not be attributed across the board to the hospitality sector if other causes are equally likely. As in a ruling we secured before the Berlin Administrative Court (VG Berlin), the relevant sources of noise must be assessed for their significance, and the nature of the disturbance must also be taken into account.
This ruling does not affect the ban on alcohol on Brüsseler Platz, which comes into force at 10.00 pm. The Cologne Administrative Court confirmed the legality of this ban on 4 September 2025 in summary proceedings.
Pending a final ruling, guests are permitted to sit on the terrace until 23:30. However, they are no longer allowed to consume alcohol from 22:00 onwards.