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Central building of the Leuphana University in Lüneburg
Photo: Jochen Tack / imago images
A Lüneburg student has to appear personally on Saturday morning at Leuphana University for the exam in the module "Accounting and Tax Law".
His application for a temporary injunction against the university was not accepted for decision by the Federal Constitutional Court on Friday (file number: 1 BvQ 100/20).
The master's student had argued that as a smoker he belonged to a risk group defined by the Robert Koch Institute in the corona pandemic.
Therefore, he wanted to write the exam as an online exam from home in order to avoid the risk of infection during the exam.
The university had previously refused and referred to their hygiene concept, among other things.
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Despite fear of Corona: Student has to take part in the face-to-face exam
Both the administrative and the higher administrative courts, with which the student had sued against the form of the examination, had previously found the university right in urgent proceedings.
The OVG had determined on Wednesday that the auditors had a wide scope for assessment and design, which was not exceeded here.
There are also only manageable numbers of infections in northern Germany, so the health risk with a classroom exam is limited.
In the application to the Federal Constitutional Court on Thursday, the plaintiff argued: "If the interim order is not issued, there is a risk of infection and illness from Covid 19 with possibly irreparable damage to the applicant."
The switch to a digital online exam only means a change of form for the university.
The associated disadvantage for the university is "low and insofar justifiable".
However, the Karlsruhe judges did not even accept the application from Lüneburg for a decision.
A court spokesman confirmed this to SPIEGEL on Friday afternoon.
The student's arguments were therefore not even subjected to a substantive examination.
This means that the plaintiff's exam will take place on Saturday as planned by the university: as a face-to-face exam in Leuphana.
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