Outdoor dining curfew in Brussels square, previously imposed by court in Cologne, has been reversed.
In a landmark ruling, the Higher Administrative Court of Münster has overturned the curfew for outdoor dining at Brussels Square in Cologne. The decision, effective immediately, allows establishments to remain open until 23:30.
The dispute over nighttime noise levels at Brussels Square has been ongoing for more than 15 years. The city had imposed an alcohol ban on the square in May, affecting individuals who stay on the square with their own alcoholic beverages. However, the ruling does not affect the alcohol ban that remains in effect, particularly outside of outdoor dining areas.
The case was initially decided by the Administrative Court of Cologne, but it was overturned by the Higher Administrative Court of Münster. The ruling is available on the court's website until September 2027. The decision was a result of a lawsuit filed by a restaurateur against the curfew after 22:00.
The city based its initial decision on a noise report from December 2024, but the Higher Administrative Court ruled that this was not sufficient evidence as the report could not prove that outdoor dining was responsible for the noise levels exceeding the limits. The court, however, emphasized that the authorities were obliged to find solutions to ensure that residents can get some rest at the square after 22:00.
Brussels Square is popular among night owls and has several establishments operating their outdoor dining areas on the public spaces, with a total of approximately 700 seats. During peak times, up to 2,000 people on the square alone exceeded noise limits. However, there were no other indications of particular noise pollution, such as complaints from residents about specific establishments.
The city hopes that the alcohol ban will disperse many people and reduce noise at night. Despite the court's decision overturning the curfew for outdoor dining at Brussels Square, the alcohol ban remains in effect - but not in outdoor dining areas.
This ruling comes after a weekend and holiday nighttime stay ban between 22:00 and 06:00 was imposed in February this year, but was later overturned in an expedited procedure. The case will also be reported on 19 September 2025 in the website TV: Local Time from Cologne, at 7:30 PM.
The Brussels Square incident is not the first time the city has faced challenges in managing public spaces. The city continues to strive for a balance between the needs of its vibrant nightlife scene and the rights of its residents to peaceful enjoyment of their homes.
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