Both the Hessian Ministry of the Interior and the VGH ruled that they could not publicly disclose the surveillance, with the ministry's complaint about the decision also being dismissed.

The VGH emphasized that while surveillance of the AfD is permissible, publicly announcing this surveillance was illegal because it infringed on the party's rights to participate equally in political discourse.

The court's final decision is not subject to appeal, although a constitutional complaint remains possible, and the ruling was confirmed after the AfD's appeal was dismissed.

Hessen's Interior Minister Roman Poseck welcomed the court's decision, stating it clarifies the legal standing in a critical issue for democracy, although he criticized the lengthy process of classification.

The ruling was announced on September 29, 2025, reflecting ongoing concerns about the AfD's activities and influence in Hessen.

The legal process continues as the AfD contests the decision, highlighting ongoing tensions between security concerns and political freedoms.

The court ruled that the Hessian state was not permitted to publicly announce the monitoring of the AfD because the law does not provide a legal basis for such public disclosure, though reporting through official reports remains allowed.

The AfD plans to continue legal actions, including main proceedings at the Administrative Court in Wiesbaden, after initial legal setbacks, asserting that the classification and surveillance are unjustified.

The court justified the surveillance by citing indications of efforts against the liberal-democratic order, including actions that could undermine trust in Germany's institutions, and noted that official statements during the case, such as those by Prime Minister Boris Rhein, were within official functions.

The Hessian Verfassungsschutz has been authorized to classify the AfD in Hessen as a suspected case of right-wing extremism and to monitor it, a decision upheld by the Hessian Administrative Court of Kassel.

The court indicated that the AfD aims to undermine trust in democratic institutions and threaten the free democratic basic order of Germany, citing signs of efforts against the liberal democratic order and statements against the dignity of foreigners.

This legal development signifies a notable acknowledgment that the AfD may pose a threat to constitutional order, enabling surveillance measures.