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Two police officers check that curfew is observed in the Friedrichshain district
Photo: Christophe Gateau / dpa
The legal tug-of-war over the controversial curfew in Berlin continues.
Actually, bars and clubs have had a curfew from 11 p.m. for a week.
Eleven operators had complained against it and were right before the administrative court.
So that the plaintiffs also have to close their doors again at 11 p.m., the Berlin Senate went to the Higher Administrative Court on Friday afternoon - and initially failed with an interim ruling.
The Senate filed a complaint in an urgent motion.
The higher administrative court should withdraw the lifting of the curfew and clarify in a so-called interim ruling whether this can already apply to Friday evening.
"This is intended to make it clear today that the eleven complaining restaurateurs are not allowed to open after 11 p.m.", the Senate said in a statement.
However, the court will not issue the interim ruling.
A spokeswoman for the Berlin Higher Administrative Court confirmed this to SPIEGEL on Friday evening.
A decision is still being made on the entire application.
Curfew lifted, alcohol ban remains
Against the background of the significantly increased number of infections, the Senate decided that restaurants, bars, pubs and most shops must be closed between 11 p.m. and 6 a.m. in the future.
The new regulation came into force last weekend.
A total of eleven Berlin bars and clubs had opposed the curfew and submitted urgent motions against the regulation.
They criticized the measure as disproportionate.
From their point of view, there is no convincing reason for the restaurants to close at 11 p.m.
With a curfew for gastronomy, young people would then meet in other places for which no hygiene concepts apply, so the argumentation.
Regardless of the curfew dispute, there is still a ban on serving alcohol between 11 p.m. and 6 a.m.
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