AfD failed again in court due to Corona hotspot rule

Created: 04/27/2022, 16:18

A sign at an entrance advises people to wear a mask.

© Friso Gentsch/dpa/symbol image

The AfD Hamburg once again has to accept a legal defeat in its fight against the Corona hotspot rules.

After the administrative court, the higher administrative court has now decided against the party.

Now she wants to give up.

Hamburg – The AfD Hamburg has failed again with its legal action against the Corona hotspot rule with extended mask requirements and access restrictions to clubs and discos.

After the administrative court had already rejected the urgent application in mid-April, the higher administrative court (OVG) has now also rejected the appeal against the decision of the lower court.

According to court information on Wednesday, the OVG essentially followed the arguments of the administrative court.

This had decided that the Hanseatic city was allowed to take extended protective measures on the basis of the Infection Protection Act - after a corresponding determination by the citizenship.

She rightly assumed that there was a concrete risk of a dynamically spreading infection situation.

At the end of March, the Hamburg Parliament identified an imminent overload in the health system and declared the Hanseatic city a corona hotspot.

On this basis, the Senate had extended the FFP2 mask requirement indoors and in retail as well as the 2G-plus access model to dance events.

The regulations expire this Saturday.

more on the subject

AfD does not want to accept defeat in the corona hotspot rule

Corona: Higher Administrative Court overturns hotspot regulation in MV

Corona virus in Hamburg: will the hotspot rule remain in place?

AfD Vice Krzysztof Walczak criticized the decision.

“The Hamburg administrative courts are continuing their extremely restrictive corona course, citing the executive’s wide scope for assessment.” Such case law is clearly against the spirit of the constitution.

"An extraordinary appeal to the Federal Constitutional Court would still be possible against this decision," said Walczak.

However, the AfD refrains from doing so because it cannot be assumed “that a decision on this would be made in good time before the hotspot regulation expires”.

AfD boss Dirk Nockemann and board members Walczak, Alexander Wolf and Joachim Körner had complained.

dpa