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Corona: The court surprisingly overturns the lockdown rule in Bavaria - but the Söder government prefers tightening

2020-11-14T21:34:57.220Z


The Higher Administrative Court has decided: fitness studios are allowed to open while the "lockdown light" is running. The state government reacts with bans.


The Higher Administrative Court has decided: fitness studios are allowed to open while the "lockdown light" is running.

The state government reacts with bans.

  • Fitness studios in Bavaria are allowed to reopen despite Corona *.

  • That has now been decided by the Bavarian Higher Administrative Court.

  • The operation remains severely restricted.

Update, 1:02 p.m.:

The

Bavarian State Sports Association

(BLSV) has

sharply

criticized

the

ban on indoor sports

in Bavaria

.

“From our point of view, this decision is a short-term measure without a goal and a

wrong signal

in these difficult times.

We have

no understanding

for this

hasty measure

- the popular soul of our athletes, sports clubs and professional sports associations is seething, ”said BLSV President Jörg Ammon on Friday.

Corona ban in Bavaria: Sports association with harsh criticism of the advance

The health of the athletes remains the top priority for the association.

"Nevertheless, the Bavarian state government should urgently reconsider this decision," recommended Ammon.

According to its own statements, the BLSV was

hit

by the decision on Thursday night “

surprisingly and without preparation

”.

The state government has decided that due to the Corona crisis, almost all indoor sports facilities in Bavaria will be closed from Friday.

Only school and professional sports are allowed indoors in November.

Update, 10.55 a.m.:

After indoor sports were banned in Bavaria, the associations are discussing the

consequences of the decision

.

As the Bavarian Tennis Association announced, it is "in

coordination with other representatives of

the Bavarian and national sport on the further course of action in this matter."

Corona lockdown rule overturned in Bavaria: Are fitness studios allowed to open?

Associations consult

The state government has decided that due to the Corona crisis, almost all indoor sports facilities in Bavaria will be closed from Friday.

Only school and professional sports are allowed indoors in November.

The background to the new regulation is a decision by the Bavarian Administrative Court.

With reference to the principle of equality, he had lifted the previous closure of fitness studios on Thursday because, on the other hand, other sports facilities were open for individual sports.

The state government then tightened the corona restrictions and now bans indoor sports.

Update from November 13th, 9:36 a.m.:

Due to the 

corona pandemic

 , almost all

indoor sports facilities

 in 

Bavaria will be

closed

from today (Friday, November 13th) 

.

Only 

school and professional sports are 

allowed, according to the government's instructions.

The measure is a 

reaction

 to the Bavarian 

Administrative

Court: This had decided that 

fitness studios

 may reopen.

Corona in Bavaria: Secretary confirms doubts about the lockdown measure

State Secretary for

Health

 Klaus Holetschek (CSU)

 said in an interview with the German Press Agency (dpa) on Thursday evening that they had only

preferred

decision

"which Bavaria would have proposed at the next Prime Minister's Conference next Monday".

With the decision to close Indoor sports facilities for individuals and individual sports, the government withdrew the 

decision

 of the Bavarian Administrative Court for the 

reopening

 of 

Gyms

 its 

foundation.

 There it was said that due to the principle of equality, fitness studios should be allowed to reopen when indoor sports facilities are also open.

First report from November 12, 2020:

Munich

- Since the

partial lockdown

came into force across Germany on November 2, there have been numerous discussions and, above all, numerous lawsuits against the resolutions.

Not only

restaurateurs

and

cultural

workers felt they were being treated unfairly by the forced closings of their companies.

Even

gyms

were verbally and legal action against the regulations.

Now an operator got right before the

Bavarian Administrative

Court - but only partially.

Administrative court overturns corona rule: Closing fitness studios disadvantages operators

The

policy

moves in its laws related to Corona * always a fine line. Often were

decisions

tilted short time later, as the

accommodation ban

in Bavaria.

However, the latest lockdown rules have already been upheld by several courts.

For example the higher administrative courts in Lower Saxony and Saarland.

The

state

ordinances

confirmed by them

also include the

complete closure of fitness studios

.

The first higher administrative court, which now partially overturned this point, is the Bavarian one.

And that, although Bavaria and above all Prime Minister Markus Söder * (CSU) like to go a step further when it comes to the

rigors of the Corona rules

.

The Bavarian Administrative Court has overturned the complete closure of fitness studios in the course of the partial lockdown.

The regulation violates the principle of equal treatment.

https://t.co/FHgA5Sl80T

- MSchier (@mikeschier) November 12, 2020

Now the judges agreed with a complaining

fitness studio

operator in Munich on Thursday.

For them, the complete closure of the studio violates the

principle of equal treatment

.

The owner is disadvantaged by the regulation without it being objectively justified.

The complete closure is not proportionate because

individual

sport should remain permissible under the regulation.

This must also apply to

fitness studios

, the judges continued in their reasoning.

Follow the Corona events in Bavaria in our current news ticker.

The court ruling on the Corona rule is not a license for gym operators

The successful lawsuit in court is and remains only a partial success for the

fitness studios

.

The court rejected the operator's request for the cancellation of the remaining restrictions on

individual

sport

.

The

Munich judges

decided that the

current

infection

situation justifies the restrictions, even if the economic activity of sports facilities is severely restricted

.

What this means in practice, however, is still unclear.

(tel / afp) * Merkur.de is part of the Ippen-Digital network.

List of rubric lists: © Hauke-Christian Dittrich / dpa

Source: merkur

All news articles on 2020-11-14

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