For their research, borrowed a psychology Professor at the Niederrhein University of applied Sciences 50 books from the University library, but it was more than 30 days after the expiry of the loan period. The library asked you to pay penalty fees in the amount of 2,250 euros.
Now, the düsseldorf administrative court decided that the penalty is lawful. The lawsuit by the Professor against the notice of Fees of the Hochschule Niederrhein in Mönchengladbach was dismissed by the court (Az.: 15 K 1130/16).
The high school teacher had to claim through the in the basic law enshrined freedom of research and teaching, the University of Central authority. This, however, you are not entitled to books without a request for an extension of the loan period to late to return.
The extension not requested by the Professor, even though she had been reminded of the library in writing in mind, said University spokeswoman Judith Jacob at the request of the MIRROR. Instead, the teacher returned the books late. You admitted in the proceedings.
The penalty fee is far too high and “disproportionate,” argued the Professor. At the hearing in mid-October, her lawyer had also declared that the fee is contrary to the constitutionally guaranteed freedom of Science of his client.
The rates of fees of the University are not in the opinion of the court. Late fees of 20 euros and an additional administrative fee of 25 Euro per book in the case of Exceeding the loan period of more than 30 days do not speak, therefore, of the principle of proportionality.
the chair can be kept in the library of the Hochschule Niederrhein borrowed books, even up to five years, if you apply in good time before the end of each academic year of renewal. “This is an unusually generous scheme,” said several of the University’s spokesman in North Rhine-Westphalia, on demand.