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.
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.
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.
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.
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.
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.
We have put together a detailed overview of flag days, half-mast and the rules for municipalities: Flying flags in Germany: laws & regulations.
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.
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.
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.
Our German flag in black, red and gold is available in three pole formats. You can see prices and sizes directly on the Produktseite.
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.