The Bavarian Administrative Court has temporarily overturned the 15-kilometer rule.
The court followed an urgent application.
Bavaria is in corona lockdown. *
In the Free State, the 15-kilometer rule applies to hotspots (seven-day incidence * over 200).
The Bavarian Administrative Court has now temporarily overturned this restriction.
You can read all the news about the coronavirus in Bavaria in our news ticker.
Update from January 26th, 4:04 pm
: The Bavarian Administrative
Court
has
temporarily overturned
the
15-kilometer rule
.
Now the
state government is
examining
the further consequences.
Health Minister Klaus Holetschek
(CSU *)
told
the German Press Agency
that he took
note of
the decision with
regret and
that the
need
for further action is now being examined
.
However, he initially left open what this might look like.
At the same time, Bavaria's health
minister
emphasized that the court
rejected
the
urgent application
against the FFP-2 mask requirement "and declared it to be likely to be lawful".
Corona in Bavaria: Administrative judges surprisingly tip 15-kilometer rule - provisionally
Update from January 26th, 3:19 p.m.:
The Bavarian Administrative
Court has temporarily suspended
the
15-kilometer rule
for residents of hotspots (see initial notification).
The court granted an urgent application from Passau * on Tuesday.
The authority of the municipalities affected by high numbers of infections
to order
an
entry ban
for tourist day trips remains in place according to the decision.
The top Bavarian administrative judges had already temporarily overturned a Corona * measure in the previous week.
The court saw no basis for a nationwide
ban
on
alcohol
in public places.
15-kilometer rule in Bavaria temporarily overturned: Does the ban on excursions violate the principle of clarity of standards?
Since January 11, according to the Corona * regulation of the Free State,
excursions have
only been allowed within a radius of 15 kilometers if the Robert Koch Institute has reported more than 200 new infections per 100,000 inhabitants within seven days.
Among other things, three
SPD members of the state parliament,
including the parliamentary group leader Horst Arnold, had submitted urgent motions against the regulation.
The highest Bavarian administrative court has now argued that the
ban on
excursions in all probability violates the
principle of clarity of
norms.
For those affected, the spatial scope of the ban on tourist day trips over a radius of 15 kilometers from the municipality of residence is not sufficiently recognizable.
The textual definition of a 15-kilometer radius is therefore not clear and descriptive enough.
The
question of proportionality
was therefore no longer relevant in the urgent procedure.
The decision of the Senate is valid until a decision on the main issue.
15-kilometer rule temporarily overturned - court confirms FFP2 mask requirement in Bavaria
The
20th Senate, which is responsible for infection protection
law
, rejected
an
urgent application by
a private person from Swabia against the
FFP2 mask requirement
.
FFP2 masks * would presumably offer increased self and external protection compared to community masks.
Therefore, there are
no concerns about
their suitability and necessity for combating the
corona pandemic
.
Health hazards are not to be expected, especially because of the limited wearing time.
In principle, the expenses for purchasing the masks are reasonable.
Corona: Administrative judges surprisingly overturn the 15 kilometer rule for Bavaria - for the time being
Initial report from January 26, 3:01 p.m .:
Munich - The Bavarian Administrative
Court has temporarily suspended
the
15-kilometer excursion
restriction for residents of Corona * hotspots.
The court followed an urgent application on Tuesday (January 26).
Corona in Bavaria: the 15-kilometer rule applied in hotspots with an incidence of over 200
The 15-kilometer rule previously applied in hotspots.
In counties and cities, the
seven-day incidence of which was
over 200, residents were no longer allowed to make
trips
beyond a radius of 15 kilometers.
Purchases were excluded.
Further information follows.
* Merkur.de is part of the nationwide Ippen-Digital editors network.