The Alternative for Germany (AfD) has initiated legal action against the Federal Office for the Protection of the Constitution (BfV), Germany's domestic intelligence agency, following its classification as "confirmed right-wing extremist." The BfV has agreed to a "standstill commitment" in response to the AfD's request, which temporarily suspends the official reclassification. This decision was acknowledged by AfD leaders Alice Weidel and Tino Chrupalla as a positive step toward countering accusations of right-wing extremism.

However, the claim that the BfV has withdrawn the classification of "confirmed right-wing extremist" is false. Despite the AfD increasing its seats to 152 out of 630 in the last German election, the party sought an injunction order to prevent the BfV from rejecting the "standstill" order. These legal instruments enable plaintiffs to ensure authorities pause measures deemed unlawful.

Markus Ogorek, director of the Institute for Public Law and Administrative Theory at Cologne University, explained that the BfV's issuance of the "standstill" order prevents the AfD's designation as a "confirmed right-wing extremist" party until the proceedings conclude. This perspective aligns with Michael Ott, presiding judge and press spokesman at the Administrative Court of Cologne, who stated that the suspension allows the court time for a comprehensive review of the over 1,000-page report.

Ogorek clarified that the AfD's interpretation of the "standstill" promise as a partial success should be firmly contradicted, emphasizing that it is a routine administrative procedure unrelated to the prospects of success. The BfV had previously issued a similar pledge in 2021 after the AfD challenged its classification as a "suspected case," which later resulted in a court-issued suspension order due to concerns that the BfV had not maintained confidentiality regarding the proceedings.

According to the German Bundestag's research department, the "confirmed right-wing extremist" classification is primarily an internal assessment by the authorities, potentially leading to a lower threshold for intelligence surveillance methods, such as recruiting undercover agents or covert recordings. However, the legal requirements for such tactics remain the same in both cases. In 2024, a Münster Higher Administrative Court ruled that the BfV was permitted to monitor the AfD as a "suspected case."