Pencil case in a classroom (symbolic image)
Photo: Robert Michael / dpa
The Thuringian Ministry of Education has criticized the decision of a family court in Weimar with clear words.
It has "no impact" for the state, it says in a message.
The decision also raises “serious procedural doubts”.
The decision (Ref .: 9 F 148/21) has been submitted to SPIEGEL.
It affects two brothers who attend a primary or regular school in Weimar.
The court forbade the "management and teachers" of the facilities by way of an interim order from ordering the two students to wear a mask, distance and test.
The Thuringian Ministry stated that the resolution of April 8th had not yet been properly announced and was not yet available in written form.
So far, one only knows an email to the relevant school management.
The decision could only have legal effect for the students involved in the procedure and would have no impact on the infection protection rules in force in Thuringian schools.
Doubts about the legal effect
The ministry also criticized the fact that a family court had decided on corona measures.
The administrative courts are responsible for the legal review of the relevant statutory ordinances.
The resolution also names the schools' managers and teachers as the addressees; according to the ministry, this is not a "legal" person to whom bans can be directed.
It is unclear whether the decision has "any legal effect" in view of these and other shortcomings.
The ministry will try a higher judicial review as soon as possible.
There is an exchange with the schools about dealing with the two boys.