Andreas Kalbitz was kicked out of the AfD in May 2020 for "malicious deception" about his past in right-wing extremist groups. Since then, the politician has been taking legal action against the expulsion. So far without success. However, not all legal remedies have been exhausted.
The former Brandenburg AfD boss Andreas Kalbitz failed in the dispute over his party exclusion with an appeal to the Berlin Superior Court. The court announced on Wednesday that it had rejected the former AfD politician's appeal against a district court ruling in April. At the time, this had confirmed the exclusion from the party and dismissed Kalbitz's lawsuit.
The AfD federal executive decided in May 2020 to cancel party membership because Kalbitz is said to have concealed previous memberships in the Republicans and in the now banned right-wing extremist German Youth when he joined the party in 2013. The party's Federal Arbitration Court confirmed the expulsion at the end of July.
Kalbitz took legal action against this decision, but failed with an urgent application before the district court in August 2020 and then with an appeal against it. In the so-called main proceedings, the legal dispute continued. But Kalbitz was unsuccessful here too: the district court dismissed his lawsuit in April. The party had successfully challenged his membership "due to fraudulent misrepresentation," the statement said.
The Court of Appeal rejected the politician's appeal against this without an oral hearing. This is permissible "if the court of appeal is unanimously convinced that a judgment of the first instance has no legal error or no legal violation," it said. The court did not allow an appeal, but Kalbitz could, if necessary, appeal against the non-admission to the Federal Court of Justice.
