In a judgment of 30 July 2025, the Higher Regional Court of Munich sentenced a former member of the Bundestag to a suspended sentence of nine months and a fine of EUR 10,000 for bribery of Council of Europe parliamentarians under Section 108e of the German Criminal Code (Strafgesetzbuch). This is the first judgment in Germany of a higher court to be handed down against a (former) member of German parliament based on this criminal offence.
While the judgment is not yet binding (the accused has filed an appeal), it gives reason to revisit the legal risks of political lobbying. Here is a brief overview.
1. The case at a glance
The judgment is related to the so-called “Azerbaijan affair”. Azerbaijan allegedly tried to influence European politicians through payments, travel invitations or other monetary benefits. Until 2009/2010, the accused served as a member of the Bundestag and as a member of the Parliamentary Assembly of the Council of Europe which is made up of members drawn from the national parliaments. The court considered it proven that the accused was guilty of bribing members of the Parliamentary Assembly. According to the indictment, the accused allegedly contributed to Azerbaijan being able to influence decisions in the Council of Europe with cash payments (resulting in a resolution on political prisoners in Azerbaijan not receiving a majority in the Council of Europe in 2012). The accused allegedly received around EUR 4 million from Azerbaijan via letterbox companies between 2008 and 2016.
The accused ex-member of German parliament described his behaviour before the court as “normal lobbying”. This highlights how important it is to clearly distinguish between legally compliant representation of interests and inappropriate influence.
2. The various legal risks of political lobbying
While there is no comprehensive single law that regulates lobbying activities in Germany, there is a complex set of rules to be aware of. These rules consist of laws on the federal and state level, rules issued by the different parliaments and ministries and industry guidelines. A selection of the key rules is the following:
- Criminal liability for vote-buying: Section 108e of the German Criminal Code criminalizes the act of offering, promising, or granting an undue material or immaterial advantage to a member of a legislative body (e.g., the Bundestag, the Parliamentary Assembly of the Council of Europe, but also a city parliament) in exchange for their vote or other activities inside the parliament (e.g. work in parliamentary committees). Similarly, it penalizes elected officials who demand, accept, or agree to accept such undue advantages in connection with their duties.
- Criminal liability for “inadmissible perception of interests”: Section 108f of the German Criminal Code, introduced in June 2024, criminalizes offering, promising, or granting material benefits (e.g., money, fees, travel) to members of certain parliaments (federal, state, European, international) in exchange for representing the benefactor’s interests in violation of the parliamentarians’ legal duties. Unlike Section 108e, this applies to actions outside parliamentary work, such as influencing ministries or authorities. The penalties under Section 108f are lower than those under Section 108e. An example would be a lobbyist paying a member of the Bundestag to pressure a ministry into awarding contracts to the lobbyist’s company.
- Lobbying register law: Interest representatives must register in the federal lobbying register if their participation in government or parliamentary decision-making meets certain thresholds. The register, accessible online, provides detailed information about lobbying entities. Non-compliance, such as failing to register or update information, can result in fines up to EUR 50,000 and additional penalties like exclusion from legislative hearings and consultations. Additionally, success fees (compensation tied to successful lobbying outcomes) are strictly prohibited.
- Transparency regulations: A set of regulations promotes transparency in lobbying by requiring public disclosure of lobbying activities. Comments from trade associations on draft bills must be published with the bills. Members of German parliament must disclose earnings exceeding their statutory payments, including fees for speeches or lectures organized by lobbyists. Political party donations above specific thresholds must be reported and published. Violations of lobbying codes of conduct may also be publicly disclosed.
- Restrictions on politicians and government officials: To safeguard the independence of politicians and government officials, ministers and deputy ministers are barred from engaging in other professions during their term. Additionally, any move by government officials to private sector roles (the “revolving door” practice) requires government reporting and approval.
3. Best practices regarding lobbying efforts
When engaging in lobbying activities, the following best practices should be observed:
- Lobbyists should adhere to the applicable codes of conduct. The representation of special interests must be conducted transparently in all interactions with members of government or parliament. Interest representatives should follow the principles of truthfulness, confidentiality, integrity, non-discrimination and the absence of financial incentives.
- Lobbyists should follow the practical guidance outlined in the manual for interest representatives regarding registration in the federal lobbying register.
- Information about lobbying efforts must be provided and updated regularly.
- There should be strict separation between professional conduct and political office if the lobbyist holds such a position.
- Internal lobbying policies should be established, and employees trained accordingly. Internal documentation should be collected for entries in the lobbying register.
- Ongoing developments should be monitored closely.
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