Court: Obligation to control the 2G rule in Berlin permissible
Created: 01/25/2022, 2:30 p.m
A sign on a bar indicates the 2G rule.
© Robert Michael/dpa-Zentralbild/dpa/Symbolbild
The Berlin retail trade must continue to check compliance with the 2G rule at the entrance.
The Berlin Administrative Court decided in an urgent procedure, as a spokeswoman announced on Tuesday.
The regulations, which are used to react to the currently extremely high number of infections, primarily among unvaccinated people, and the increasing incidence of the highly contagious virus variant Omicron, are proportionate.
Berlin – They served the legitimate aim of slowing down the rate of infection and thus reducing the overall burden on the healthcare system, it said.
According to the Berlin Corona Ordinance, department stores, among other things, are currently only allowed to open under the 2G condition.
That means visitors must either be vaccinated or recovered, the whole thing must be checked by the shops.
If customers do not meet the requirements, they must be denied access.
On the other hand, a company that, according to the court, operates 48 textile shops in Berlin, fought back.
The control obligations are too complex and economically disadvantageous.
According to the court, the company also complained about unequal treatment compared to other businesses, such as the food trade.
The judges acknowledged a significant encroachment on professional freedom.
In view of the current situation, the control obligations are still appropriate.
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With the reasoning, the judges stuck to their previous line.
Last December, they declared the 2G rule in Berlin to be permissible.
In the current process, the focus was on the obligation to control, as the spokeswoman explained.
The Berlin-Brandenburg trade association also criticizes this.
An appeal to the Berlin-Brandenburg Higher Administrative Court is possible against the decision.
dpa
