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Edition of the Soldiers Act (symbolic photo)
Photo: Jan Woitas / dpa
Bundeswehr soldiers must continue to be vaccinated against Covid-19.
The Federal Administrative Court in Leipzig on Thursday dismissed the lawsuits of two Air Force officers against the inclusion of corona immunization in the list of compulsory vaccinations for soldiers.
A statement from the court said the two soldiers' motions had been dismissed as unfounded.
Among other things, the plaintiffs saw the regulation as a violation of their fundamental right to physical integrity and demanded that the vaccination be removed from the list.
They had also argued that the risks associated with the vaccines were out of proportion to the benefits.
Since the end of November, soldiers have had a de facto obligation to tolerate the corona vaccination, provided there are no medical reasons to do so.
The basis is the Soldiers' Law, which also stipulates compulsory vaccination for tetanus, hepatitis and other diseases.
The Federal Administrative Court has now ruled that the regulation has proven to be formally and substantively lawful.
The Federal Ministry of Defense issued the vaccination requirement in a proper procedure and involved the soldiers' representatives in particular.
Maintaining one's own operational capability as a »central duty«
The Soldiers' Act also expressly states that "every soldier is obliged to keep himself healthy in the interest of fulfilling his military mission and to tolerate medical measures to prevent communicable diseases against his will".
According to the Federal Supreme Court, maintaining one's own operational capability is "a central duty in the sovereign relationship of service and loyalty of the soldier".
At the same time, the court found that the Federal Ministry of Defense must constantly check whether the compulsory corona vaccination is still proportionate.
The verdict is final, but due to the special nature of the law on military complaints, it will not be the last.
Accordingly, further proceedings by soldiers from different units are pending before the Federal Administrative Court.
Plaintiff may want to quit job
The two plaintiffs were disappointed by the verdict.
"I'm a soldier and have to accept the verdict," said Lieutenant Colonel Marcus Baier.
He has not yet decided whether he will be vaccinated.
His comrade and co-plaintiff, Christian Baier, emphasized that he was initially waiting for the vaccination request.
"Then I have several options and I don't rule out resignation," said the career soldier.
Az. BVerwG 1 WB 2.22
fek/dpa/AFP
