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Control point for proof of a corona vaccination or recovery: "Significant restrictions on fundamental rights" could not be ordered separately from the incidence
Photo: Bernd Weißbrod / picture alliance / dpa
In Baden-Württemberg, the 2G regulation at universities will be suspended from next week.
The Administrative Court (VGH) in Mannheim announced on Friday that the fact that unvaccinated students were largely excluded from face-to-face events as a result of the "freezing of alarm level II" in the Corona Ordinance is likely to be illegal.
A non-immunized student complained.
The country had decided to maintain alert level II for the time being until February because of the omicron variant, regardless of hospital admissions.
The many new infections, including among medical staff, are increasingly endangering public health care, it argued in court.
Serious encroachment on freedom of vocational training
The VGH did not follow this: A regulation that expressly stipulates such access restrictions independently of the hospitalization incidence is not in line with the legal requirements, it said.
"Significant restrictions on fundamental rights" could not be ordered separately from this incidence.
The rule means a serious encroachment on the fundamental right of those affected to freedom of vocational training.
The VGH had already temporarily suspended the 2G regulation at universities in mid-December on the urgent application of the same student.
At that time, the previous version of the Corona Ordinance still applied.
The new decision went against the currently valid version of January 11th.
The decision is final, but only affects study programs at universities in Baden-Württemberg.
The VGH pointed out that further proceedings against the freezing of alert level II in other areas are pending.
This has not yet been decided because no final statements have been made by all those involved.
sun/AFP