Window decoration at a funeral home is a craft.

The profession of window dresser is classified as a craft. The funeral director who commissioned him is not required to pay social security contributions for artists on such commissions, the Osnabrück Social Court clarified.

A self-employed person Window dresser is On Site Team, not an artist and belongs not into Artists' social security – even if his work contains creative elements. The Osnabrück Social Court has ruled that his client – ​​a funeral director – no posts must pay into the artists' social security fund. 

The case

A Funeral homes had been self-employed for several years window dresser He was commissioned to decorate his business premises. He was paid €1.750 per year. Following a tax audit, the Artists' social fund from the undertaker 238 euros as Submission to Section 24 of the Artists' Social Security Act (KSVG). 

The undertaker laid Contradiction one, because the decorator no artistic The artists' social security fund rejected this claim, arguing that the changing design themes demonstrated "original creative work" with an artistic character. The dispute went to court.

The judgment

The Osnabrück Social Court (SG) overturned the decision the artists' social security fund, because he Unlawful was. It decided that the training occupation of window dresser In Skilled trades to be categorized. While the concept of art can be categorized in KSVG The ruling did not definitively define the term. However, the legislative materials and the so-called [legal code/document] were decisive. Artist's report from 1975There, the Window display listed. 

The apprenticeship occupation of window dresser is historically and according to general public opinion the to be classified as a craftThe Social Court clarified that the focus is on... manual-technical skills such as structure, material processing, and design. According to the court, creative freedom alone is not sufficient to classify the activity as art within the meaning of the KSVG (Artists' Social Security Act).

The Jurisprudence zu Advertising photographers or web designers not The court explained that the term "window dresser" was applied to window dressers. Unlike these professions, there was no typological connection to the artistic activities mentioned in the artist's report.

No artist

Furthermore, the window dresser is well-known in expert circles. not recognized as an artist The court argued that he did not participate in art exhibitions, was not a member of any artists' associations, and was not listed in any artists' directories. His business was registered as a decoration service. 

Also the advertising purpose According to the ruling, the window display design argues against classifying the work as an artist. The decorations served to attract attention and customers to the funeral home; they pursued a specific goal. no independent artistic purposeEven Christmas decorations or "exhibitions with mice" didn't change the advertising purpose. The aim was to differentiate themselves from the window displays of other funeral homes. 

Therefore, an artists' social security fund was permitted no posts rise.

Osnabrück Social Court, Judgment of September 25, 2025, Case No. S 11 KR 258/21

Source: Beck current

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