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The German flag with the eagle: permitted or prohibited?

Kurz gesagt: The German flag with the eagle is the Federal service flag. It is reserved for federal authorities. Private individuals, clubs and companies may nicht fly it – doing so is a regulatory offence under section 124 OWiG and may be punished with a fine. What everyone is permitted to fly is the federal flag in black, red and gold ohne Adler.

Warum hat manche Deutschlandfahne einen Adler?

Germany has not one but several official flags. The difference lies precisely in the emblem that so many people are looking for:

Bundesflagge Federal service flag
Schwarz-Rot-Gold, ohne eagle. Under Article 22(2) of the Basic Law, this is the flag of the Federal Republic of Germany. The same horizontal bands, but additionally bearing the Bundesschild (the eagle on the shield). The 1996 Order on German Flags (FlaggAnO 1996) describes it in Section I No. 3.
Jeder may use it – privately, in a club or commercially. Nur Federal bodies. Section II of the FlaggAnO 1996: „All federal bodies fly the federal service flag.“

So anyone searching online for a „German flag with the eagle“ almost always means the federal service flag – and that is not a freely usable design but a state emblem.

What exactly does the law say?

The relevant provision is section 124 of the German Regulatory Offences Act („Use of coats of arms or service flags“). Subsection 1 reads:

„It is a regulatory offence to use, without authorisation, the coat of arms of the Federation or of a federal state, or the federal eagle, or the corresponding part of a state coat of arms, or a service flag of the Federation or of a federal state.“

Two details matter here:

Hinweis: At major events such as World or European Championships, eagle designs are often tolerated in practice. Tolerance is not permission, however – there is no legal entitlement to it. This page provides general information and does not constitute legal advice.

What may private individuals fly on their flagpole?

The good news: the classic federal flag in black, red and gold may be flown by anyone at any time – in the garden, on the house, at the clubhouse or in front of the company building. It is what the vast majority of searchers actually want: the German flag on their own pole.

Deutschlandflagge Schwarz-Rot-Gold – in 150 x 100 cm (landscape) as well as 120 x 300 cm and 150 x 400 cm (portrait), weatherproof and suitable for permanent use on the pole.

Deutschlandflagge ansehen →

To go with it, you will also find Flags for Germany and its regions, die Federal state flags as well as the matching Flagpole dazu.

And what if you are a public authority?

We are of course happy to supply federal bodies that are entitled to fly the federal service flag. Please contact us directly about this – via our contact form or by phone. We will then clarify format, quantity and delivery time with you.

When may flags be flown in Germany at all?

We have put together a detailed overview of flag days, half-mast and the rules for municipalities: Flying flags in Germany: laws & regulations.

Frequently asked questions (FAQ)

Is the German flag with the eagle prohibited?

For private individuals, yes. The flag with the eagle on the shield is the federal service flag and therefore a state emblem reserved for federal bodies. Using it without authorisation is a regulatory offence under section 124(1) OWiG; subsection 3 allows a fine to be imposed.

What is the difference between the federal flag and the federal service flag?

The federal flag is black, red and gold with no further emblems (Article 22(2) of the Basic Law). The federal service flag additionally bears the federal shield with the eagle (FlaggAnO 1996, Section I No. 3). Only the latter is restricted in its use.

May I fly the German flag in my garden as a private individual?

Yes. Any private individual may fly the black, red and gold federal flag at any time and without a special occasion. Only the version with the federal eagle is restricted.

What does a German flag for a flagpole cost?

Our German flag in black, red and gold is available in three pole formats. You can see prices and sizes directly on the Produktseite.

Does this also apply to stickers, shirts or fan merchandise with the eagle?

Section 124 OWiG covers the unauthorised use of the federal eagle in general, not only on flags. At major events much is tolerated in practice, but there is no entitlement to it.