A five-year-old from Burggen has sued the Free State of Bavaria through her parents because she had to go into Corona quarantine two and a half years ago. © Felix Schlikis/IMAGO
A five-year-old has sued the Free State of Bavaria through her parents because she had to go into Corona quarantine two and a half years ago. The trial took place at the Munich Regional Court.
Burggen/Munich – In the oral hearing five weeks ago, the presiding judge had suggested a settlement payment of 250 to 300 euros – as a "nuisance amount" (we reported). Because the payment did not materialize, the Munich district court had to decide – and dismissed the lawsuit of a kindergarten child for compensation for pain and suffering due to a quarantine order.
Because the head of the bear group at the Sankt Anna kindergarten in Burggen became infected with the corona virus at the end of October 2020, the head of the kindergarten, in consultation with the health department, sent all first-degree contact persons home. Among them was the then five-year-old girl: The little one was in kindergarten together with the caregiver during the incubation period. Later tests showed that neither the girl nor any of the other children were infected.
"Mentally stressed" by two-week quarantine
During the two-week quarantine, the child not only had to stay at home, but was also not allowed to play with friends. This had put a "psychological strain" on the little one, said the lawyer hired by her parents on the sidelines of the hearing. A "child-friendly development" was not possible at that time. For this, the girl demanded from the Free State of Bavaria as the sponsor of the kindergarten 3250 euros in compensation for pain and suffering.
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Already in the hearing, the presiding judge gave the lawsuit "little chance". The judgment now states that the child is "not entitled to compensation for pain and suffering from any legal point of view". Unlike the girl's lawyer, the court had no doubts about the constitutionality of the Infection Protection Act in the version valid at the time.
Judgment not yet final
A press release from the district court continues: "The plaintiff's interest in being able to move freely is offset by the interests of the general public in the most effective protection of life and limb and the best possible health care." The court considered the nature and duration of the quarantine to be proportionate. In particular, free testing as a milder remedy was not permissible at the time. The child was "able to move freely in the home environment and in the garden and did not have to endure any humiliation or physical coercion," the statement continues. Therefore, "no noticeable non-material damage" had occurred. The verdict is not yet final.
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