VGH Munich: 1,380 euros per month are not a luxury
(jur). The city of Munich has to pay parents the cost of a self-procured private daycare space of 1,380 euros per month. The Bavarian Administrative Court (VGH) in Munich clarified in a judgment published on Thursday, August 18, 2016 (Az .: 12 BV 15,719). According to the VGH, the daycare center in Munich that the parents procured was not an “exaggerated luxury offer”.
In this specific case, on September 25, 2013, the mother registered a full-time childcare place in a daycare center or with a childminder for her two-year-old child with the City of Munich. She will move to Munich in November and will need full-time childcare from Monday to Friday from 7:30 a.m. / 8:00 a.m. to 4:00 p.m. on April 1, 2014.
The city offered free places for a total of six day care workers, but the mother declined them. The day care offers would either close too early or not open on Friday. After further cancellations from various city institutions, the child's parents finally organized a private day care center
The city of Munich did not want to pay the monthly costs of 1,380 euros. These are far too high. “Exaggerated luxury” is offered in the daycare, which is dispensable.
However, the VGH obliged the city in its judgment of July 22, 2016 to reimburse the costs. Parents were legally entitled to care for their child in a daycare center or with a daycare mother. The municipality could not rely on the fact that the places were too short.
The city must also treat all eligible parents equally. They may not offer some a cheap public day care place, while other parents refer to less cheap institutions with free providers or even "considerably more expensive" institutions with private providers. Parents would have to pay a cost contribution to the day care center - staggered in Munich according to the income situation. However, this should not differ between public and private daycare centers.
The day care center must also be accessible from the child's place of residence “within reasonable time”. A "walking distance" is desirable here. But it is also reasonable to use public transport or a private car. It is not generally possible to determine which distance is reasonable. In the specific case, the mother was offered an unreasonable facility. Here, the mother would have used two hours a day in rush hour to take her child to the daycare and pick it up again.
It is correct that municipalities do not have to pay for a “luxury day care center”. However, this is not the case here with costs of 1,380 euros per month. Munich has particularly high building costs. The hourly rate in the private daycare center is only eight euros. An exaggerated luxury offer can therefore not be assumed. After all, the parents had had no choice and had to rely on the day care center.
The appeal to the Federal Administrative Court in Leipzig was approved because of its fundamental importance. There are five other comparable cases pending at the VGH. fle / mwo