RKI-Watsch'n from Munich: Bavarian court makes far-reaching judgment on recovered status

Created: 02/22/2022, 17:48

By: Patrick Mayer

As RKI boss in focus: Lothar Wieler (left), here next to Health Minister Karl Lauterbach (SPD).

© IMAGO / Chris Emil Janssen

Three or six months?

How long is someone considered recovered after being infected with the coronavirus?

The Bavarian Administrative Court makes a judgment.

Munich – What was that at the beginning of the year for a misunderstanding between the Robert Koch Institute (RKI) * and the Federal Ministry of Health from Department Head Karl Lauterbach (SPD).

The RKI shortened the recovered status idiosyncratically and without further ado from six to three months.

Of course, with the corresponding consequences for those who, after being infected with the insidious corona virus *, want the longest possible proof of recovery under the 2G or 2G-plus rule.

How long does the convalescent status apply in Germany?

Corona verdict from Munich

Minister of Health Lauterbach * rebuked, but at the same time stated that the RKI was correct.

From his point of view, to shorten the recovered status.

Because it is not certain how long these people are less contagious or can become infected again despite immunization.

Since then, that question in the corona pandemic in Germany has repeatedly been the subject of legal assessments.

This Tuesday, February 22, the Bavarian administrative court based in Munich made a judgment in three individual cases.

With today's decisions, the Bavarian Administrative Court in Munich has granted three urgent applications from citizens against their respective local district offices or health authorities, according to a press release from Munich: "The applicants opposed the reduction of the so-called Recovery status from six months to 90 days by the federal government and the Robert Koch Institute.

To this end, the applicants asked their respective health authorities to restore their original convalescent status.”

In the video: Corona status - who is considered boosted where?

The competent chambers had each come to the conclusion “that the reduction of the convalescent status from the previous six months to 90 days by the Federal Government and the Robert Koch Institute is likely to be illegal,” the court explained in its statement: “With today’s decisions it was therefore provisionally determined that the applicants are considered to have recovered for a period of six months after their first positive PCR test.” However, the Bavarian Administrative Court emphasized the individual cases: “Today’s decisions only apply to the respective applicants.”

How long recovered?

Court from Munich contradicts RKI and federal government

The justification states that the “delegation of the decision on the duration of the convalescent status from the federal government to the Robert Koch Institute (...) violates the constitutional principle of materiality”.

In this context, he is referred to the particular importance of fundamental rights.

*