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In a recent ruling, the Second Military Service Senate of the Federal Administrative Court (BVerwG) in Leipzig has clarified that soldiers in Germany are not automatically entitled to sell self-hunted game to fellow soldiers for profit as a secondary source of income.
The case in question involved a soldier who, in the years 2019 and 2020, allegedly sold game meat to other soldiers and civilian staff at least ten times in the barracks. The soldier argued that exercising hunting rights as a commercial side job was not prohibited. However, the court's decision overturned the initial finding of a disciplinary offense, citing the lack of consideration for the soldier's costs.
German military law and hunting law regulate both the rights to hunt and the commercial use of game, including restrictions on selling self-hunted game. Selling game meat commercially, even if hunted personally, usually involves compliance with hunting regulations, food safety laws, and possibly military-specific rules on secondary income and conduct.
While they may legally hunt if licensed, the subsequent sale of game meat to comrades typically requires adherence to commercial regulations and military rules. The BVerwG ruling affirmed restrictions on selling game meat by soldiers to comrades without proper authorization.
Soldiers in Germany must have hunting licenses to hunt legally. The costs associated with hunting, such as rental fees as a hunting tenant, wildlife feeding, carcass removal, and hunting insurance, are the responsibility of the hunter. In this case, the court found that the soldier had not made a profit from the meat, but had given it away at cost price.
This interpretation aligns with typical German legal and military frameworks, although exact case details from the BVerwG ruling (date, citation) would provide more precise legal principles. Unfortunately, the current search results do not provide direct text from the BVerwG case, but the general legal context supports these conclusions.
The ruling serves as a reminder that military personnel, like all citizens, are subject to the laws and regulations governing hunting and commerce in Germany. It also highlights the importance of considering all relevant costs and factors when determining whether a disciplinary offense has occurred.
- Despite being a soldier, this individual believed he could use his hunting rights for commercial gain by selling game meat to fellow soldiers and civilian staff, but the ruling clearly stated that such actions require adherence to commercial regulations and military rules.
- Although soldiers in Germany, like any other citizens, are legally allowed to hunt with a license, they are not entitled to sell the hunted game to their comrades for profit without proper authorization, as stipulated by the Second Military Service Senate of the Federal Administrative Court.
