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An extremist German party failed in its attempt to have the ban lifted on a ceremony marking the death of former Hitler deputy Rudolf Hess.

The right-wing National Democratic Party of Germany, after authorities in Wunsiedel refused to lift the Bavarian town’s ban on events commemorating Hess’ death on Aug. 17, 1987, took its request to the Federal Constitutional Court in Karlsruhe. But the court would not rule on the matter, The Associated Press reported, with a court spokesman saying the high court had to wait for a lower court in Leipzig to rule on whether it was legal to ban the Hess ceremony in 2005.

Hess’ grave in Wunsiedel is a favorite pilgrimage site for right-wing extremists. He died at the prison for war criminals in Berlin-Spandau. From 2001 to 2004, thousands of neo-Nazis gathered at the Hess gravesite for the annual memorial, but tougher laws were applied in 2005 in an effort to ban the event.

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