A German administrative court in Cologne ruled Thursday that the country's domestic intelligence agency cannot classify the Alternative for Germany (AfD) party as a 'confirmed right-wing extremist' organization while its legal challenge proceeds.

The Federal Office for the Protection of the Constitution (BfV) had upgraded its assessment of the AfD from 'suspected' to 'confirmed' right-wing extremist in May 2025, based on a 1,100-page report documenting statements by party officials deemed racist or Islamophobic, including views on ethnicity that conflict with Germany's constitutional protections. This status would have enabled broader surveillance of the party, Germany's second-largest opposition force with 20.8% support in the last federal election.

The AfD immediately appealed the designation and sought an emergency injunction. The BfV had already paused using the label pending the court's review. In its decision, the Cologne Administrative Court found sufficient evidence of efforts within the AfD to undermine the free democratic order, such as opposition to minarets or the Muslim call to prayer, but concluded there was not enough proof that these views dominated the party as a whole. "Following examination under the summary procedure, it cannot currently be established that the applicant, as a whole, is dominated by the positions discussed above," the court stated.

AfD leaders celebrated the ruling as a vindication. Co-leader Tino Chrupalla called it "the first step, we have won here, and we should celebrate that as a success for now," adding that the label had been used to discredit the party ahead of upcoming state elections. Co-leader Alice Weidel described it as "a major victory not only for the AfD but also for democracy and the rule of law." The party maintained that it is not opposed to Germany's democratic order.

Interior Minister Alexander Dobrindt acknowledged the preliminary nature of the injunction but noted the court confirmed "sufficient certainty that efforts directed against the free democratic basic order are being developed within the AfD." He said the BfV would continue its case in full proceedings and rejected calls for banning the party, arguing that effective governance is the best response.

The ruling has limited immediate impact, as the BfV had already suspended the classification's application. It remains in force until a final decision, with no timeline specified; an appeal to the North Rhine-Westphalia Higher Administrative Court is possible. Some AfD branches in eastern states, where the party polls strongly, have long held extremist designations, unaffected by this national injunction.

The case underscores tensions over the AfD's rise amid debates on migration and national identity. Critics, including some lawmakers, have pushed for a constitutional ban, though only two parties have been outlawed since World War II.