Court overturns 2G-plus rule for indoor sports in NRW
Created: 02/08/2022, 16:36
A man works out in a gym.
© Roberto Pfeil/dpa/symbol image
The North Rhine-Westphalian Higher Administrative Court (OVG) has overturned the 2G-plus rule for popular indoor sports in North Rhine-Westphalia.
The court thus granted the urgent application of a gym operator from Bochum on Tuesday.
However, the 2G rule (vaccinated or recovered) still applies to sports facilities in public spaces, including fitness studios.
Münster – An additional negative corona test, on the other hand, is no longer necessary.
The decision is not contestable (Ref.: 13 B 1986/21.NE).
The reason given by the 13th Senate of the Higher Administrative Court was that the state had unclearly formulated the access restrictions for indoor sports together.
The country linked the access restriction to the joint exercise of sports indoors and thus also meant people who do sports in one room at the same time without being connected to each other.
This applies to gyms, for example.
The country had meant the same term differently in common outdoor sports, for example in club sports with the 2G rule.
The OVG criticizes that the citizens cannot understand when the same term is given different meanings by the state.
In doing so, the state violated the principle of clarity and consistency in legal regulations.
dpa