The quarantine obligation in Lower Saxony was suspended by the judgment of a court. A vacation abroad is therefore possible despite Corona.
- Quarantine obligation in Lower Saxony suspended
- Previously, a fortnightly quarantine was imposed after vacationing in another country
- The judgment reaches into the law to protect against Corona a
Lüneburg - The Higher Administrative Court in Lower Saxony has suspended the general quarantine obligation to protect against the spread of corona . As a result, people entering the country from abroad no longer have to stay in quarantine for 14 days. The judges thus granted the urgent request of the owner of a holiday home property in Sweden.
Corona quarantine obligation in Lower Saxony: Paragraphs of the Corona ordinance overruled by judgment
The latter resisted the paragraph of the Lower Saxony Corona Ordinance . It states: “People who travel to Lower Saxony by land, sea or air must (...) separate themselves. They are obliged to go straight to their apartment (…) immediately after entering the country and to stay there for a period of 14 days after their arrival. ”
According to the paragraph, everyone returning from vacation is subject to a quarantine obligation . That went too far for the plaintiff from Lower Saxony. After returning to Germany, he should have been in a fortnightly quarantine . The three judges of the 13th Senate at the OVG in Lüneburg also saw it that way and abolished the quarantine obligation in Lower Saxony with their judgment.
Quarantine obligation in Lower Saxony: judgment makes vacation possible despite Corona
One of the judges' arguments: The Infection Protection Act only allows regulation by ordinance under certain conditions - such as suspects or sick people. In view of the worldwide number of cases, a person arriving from abroad cannot, however, be regarded as a general suspect of illness or infection.
Lower Saxony: No quarantine without concrete suspicion https://t.co/AmVUk6VY35 # Quarantine # Obligation # enforcement
- Tagesschau (@tagesschau) May 12, 2020Furthermore, it is possible to initiate a quarantine if there is a specific suspicion . It is also possible to identify areas of risk by law that justify the imposition of a quarantine obligation. Alternatively, the state could oblige people arriving from abroad to report immediately to the relevant infection control authorities. Measures could then be taken through tests and surveys.
Quarantine obligation suspended in Lower Saxony: Are other federal states following in the corona crisis?
The Lower Administrative Court in Lüneburg is the highest administrative court in Lower Saxony . The decision, with which the quarantine obligation was overridden, only refers to the regulation of the Lower Saxony Corona Infection Protection Act. It therefore only applies to this federal state. Vacationers in other federal states are not directly affected by the judgment .
There are similar rules in other federal states. The federal government and the states had previously drawn up a model regulation, on the basis of which all states had drawn up quarantine regulations under their own responsibility . Vacationers returning from another country, for example, have to spend 14 days in quarantine in Bavaria . This regulation was decided on April 10th. Until June 10th, there is also a quarantine requirement for vacationers returning to Hessen . Likewise in other federal states.
It would be conceivable that other federal states would follow suit after the decision of the Higher Administrative Court in Lower Saxony. If there are similar lawsuits before courts in other federal states, there may also be relaxation here. North Rhine-Westphalia and the Saarland have already announced that the 14-day quarantine obligation will soon be abolished.
By Luisa Ebbrecht
More news on the subject of Corona in Lower Saxony can be found in the news ticker. Most recently, a hairdresser in Lower Saxony violated the ban on contacts. Relaxations were recently agreed in Lower Saxony. However, the Corona contact lock still remains.
