News Our Press Release 15 August 2022
German court clarifies - property owners of base station antennas could be held liable for EMF-related damages
Europeans for Safe Connections – the initiator of the European Citizens’ Initiative (ECI) - Stop 5G – Stay Connected but Protected – welcome this court ruling, calling it a necessary step towards addressing the ubiquitous wireless radiation pollution. This is a warning for municipalities and private property owners from a German court. Landlords of mobile phone sites could be held liable for EMF-related damages.
The Münster Regional Court confirms that not only the operator of a mobile radio system is liable for damage caused by the operation of the system, but also the landowner who makes the land available for the operation of the system.
In the event of damage, the latter may therefore be held liable by third parties in the same way as the operator of the installation. Few municipalities and landowners that lease or rent their land for the operation of mobile radio sites are probably aware of this own liability risk.
Since even an official body such as the European Parliament's Research Service (STOA) points out that the limit values for electromagnetic radiation fields are too high by a factor of at least 10, these landowners have a legitimate responsibility.
For years, hundreds of scientists have warned against the use of mobile communications because their research finds harmful effects far below the official exposure limits. Please read about this research in the Bioinitiative Report and the EMF Scientist Appeal.
If municipalities nevertheless do sign a contract, they should consider whether and to what extent the municipal budget should be used to cover this liability risk. It is also important to note that insurance companies do not cover health damage caused by exposure to radiation from mobile communications.
Although telecom operators repeatedly claim that they comply with the limits, this in no way excludes their liability and that of landowners. On the contrary, the Federal Court has ruled that producers or telecom operators cannot exonerate themselves by referring to compliance with official limits if they are aware or should have been aware of collateral harmful effects.
In the present case, the court made it clear that the municipality is contractually liable for 30 years. The municipality must therefore also take responsibility for all new dangers and risks that can arise in the future due to modifications to the antenna masts and the application of new radio technologies.
The fact that the telecom companies must provide good mobile coverage also inside the houses makes the matter even more critical: with the ever-higher frequencies, higher transmission powers of the mobile phone systems are required, which will ultimately increase the overall radiation exposure of the whole population.
"Stop 5G – Stay Connected but Protected"
Article about the Münster Regional Court Case:
European Parliament´s Research Service (STOA):
The Bioinitiative Report:
The EMF Scientist Appeal:
Insurance companies do not cover health damage caused by exposure to radiation from mobile communications:
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