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
a
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