Urgent motion: Kaufhof fails in Berlin with lawsuit against 2G

Created: 12/23/2021 Updated: 12/23/2021, 4:32 PM

Kaufhof failed in Berlin with the lawsuit against the 2G rule.

© Malte Krudewig / dpa

In the capital, the chain's branches continue to apply: Access only for vaccinated and convalescent people.

The administrative court has now decided.

Berlin - The department store chain Galeria Karstadt Kaufhof failed in Berlin with its urgent application against the 2G rules before the administrative court.

The regulations with which the continued high number of Corona * infections, primarily unvaccinated people, and the increasing incidence of the highly contagious virus variant Omikron are reacted to, are proportionate, the court announced on Thursday.

They served a legitimate goal of protecting against the spread of the coronavirus.

These access rules will remain in effect for the time being after the urgent decision.

According to the Berlin Corona Regulation, department stores, among other things, are currently only allowed to open under the 2G condition.

That means, visitors either have to be vaccinated or have recovered, the whole thing has to be checked by the shops.

According to the court, the chain saw the Corona * regulations essentially as a "disproportionate interference with the freedom of occupation".

Furthermore, she alleged a violation of the principle of equal treatment.

Lawsuit against 2G rule in Berlin: Kaufhof saw "disproportionate interference"

The court pointed out that the infection rate * should be slowed down and at the same time the burden on the health system as a whole should be reduced.

The 2G condition is therefore suitable for promoting this goal because it reduces the risk of infection that also exists in retail.

There are currently no milder funds available.

In addition, the restriction only affects a minority of the population living in Berlin.

An appeal against the decision is possible at the Higher Administrative Court of Berlin-Brandenburg.

A corresponding urgent application in Hamburg had also failed.

In Lower Saxony, however, a court provisionally overturned after a lawsuit by the department store chain Woolworth 2G in the retail sector.

The applications refer to the respective state regulations.