Corona hammer in Bavaria: 2G rule in retail overturned - and the State Chancellery reacted immediately

Created: 2022-01-20Updated: 2022-01-20 11:54 am

By: Tanja Kipke

The Bavarian Administrative Court has overturned an essential Corona rule: the access restrictions in retail.

Reactions at a glance.

Update January 19, 5:04 p.m .:

Economics Minister Hubert Aiwanger (free voters) welcomed the decision of the Administrative Court: “The retail trade had been calling for this relaxation for a long time, since the 2G control for the affected ranges meant a lot of effort and in retail due to the FFP2 masks there is no particular risk of infection," said Aiwanger of the

.

"The definition of "everyday needs" was difficult anyway and was repeatedly the subject of court decisions."

Bavaria: State Chancellery “completely” suspends 2G rule in retail

Update January 19, 3:28 p.m .:

 “We are completely suspending 2G in retail in Bavaria and thus ensuring that the VGH decision is implemented quickly and practicably,” said Head of State Florian Herrmann (CSU) immediately after the decision became known on Wednesday (see original message ) With.

With the access restriction to those who have recovered and those who have been vaccinated (2G) in retail, Bavaria has followed a decision by the conference of prime ministers, “but because of the difficulties that have arisen, the regulation as in the supermarkets is now the simpler alternative”.

Herrmann also emphasized: "The FFP2 mask requirement in retail continues to apply and offers protection."

Corona rule overturned in Bavaria: Court temporarily suspends 2G in retail

Original message:

Munich – The Bavarian Administrative Court has temporarily suspended the basic restriction of access to retail stores to those who have been vaccinated and those who have recovered (2G).

According to the court, on Wednesday, January 19, in Munich, the court granted an urgent application from the owner of a lamp shop in Upper Bavaria.

So far, only vaccinated and recovered people are allowed to enter shops in the Free State.

Excluded are shops that serve to cover daily needs.

The applicant saw this as a violation of her professional freedom and the principle of equal treatment - and applied for the temporary suspension of this Corona regulation.

The Administrative Court now provisionally agreed with her on this point.

A 2G access restriction should in principle have a sufficient legal basis, it said.

However, the Infection Protection Act stipulates that the scope of exceptions must result from the regulation itself with sufficient clarity - and must not be shifted to the level of norm enforcement and its judicial control.

2G in retail: According to the court, the rule does not meet the requirements

However, the criterion of "daily needs" is specified in the Infection Protection Measures Ordinance by a - expressly non-exhaustive - list of examples, explained the Administrative Court.

This means that the 2G rule in its current form does not meet the requirements.

Even in the case of so-called mixed assortments, it cannot be inferred from the regulation with sufficient certainty which business is covered by the access restriction and which is not.

There is no right of appeal against Wednesday's decision

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