Court: Trade must continue to pay for Corona access controls

Created: 01/14/2022, 12:44 p.m

A statue of Justitia stands in the open air.

© Arne Dedert/dpa/symbol image

According to a decision by the Baden-Württemberg Administrative Court (VGH), retailers in the southwest must initially continue to pay the costs for the corona access controls.

With the decision published on Friday, the Mannheim judges rejected the urgent application from a retailer who sees no legal basis for the obligation to check in the Infection Protection Act.

Mannheim – According to the urgent application, the retailer considers the obligation to check to be disproportionate.

It leads to considerable additional personnel costs.

In addition, the judges stated the arguments of the applicant that their employees were exposed to attacks at the checkpoints.

It operates several branches in the textile retail trade in Baden-Württemberg.

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According to the VGH, the check of vaccination status and identity papers imposed on dealers is still valid until March 19, the end of the epidemic situation of national importance determined by the Bundestag.

Without control obligations, the obligation to provide evidence and access restrictions for non-immunized persons would become ineffective.

If there are no controls, it can be expected that non-immunized customers will significantly increase the incidence of infection.

This is also to be feared in the case of a random check, which the applicant considers to be sufficient.

The 1st Senate also agreed with the state's argument that just spot checks could significantly increase the potential for conflict.

The decision of the VGH is final (1 S 3805/21).

dpa