A state of emergency legislation it is, however, only for defence, but not a Virus like Covid-19. In addition, it must remain with all laws of the principle of proportionality. For Scholz, this is not primarily with a view to the closure of Hotels and Restaurants of the case. Who had to close his Restaurant without documented infection, according to Scholz is entitled to compensation.
Lea Voigt, Chairman of the Committee for risk prevention of the German bar Association (DAV), said the FOCUS, you can expect a wave of lawsuits: “I assume that these topics are still a lot of litigation before the administrative courts held.” There is great doubt, “that the regulations formulated enough”. This promotes the suspicion of arbitrariness. For the justice of the Situation is, in any case, in a completely new way.
plaintiffs fail Eiläntragen against Corona-restrictions
are the Same failed several times, but on Thursday the plaintiff with Eilanträgen against restrictions in the Corona-crisis. The administrative court (VGH) in Kassel rejected the complaint of two private individuals and a company, to put the infection protection rules of the country of Hesse to be in force. A violation of the principle of proportionality was not being seen, explained the VGH.
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The plaintiffs had argued that the provisions for the containment of the Corona pandemic would have severe disadvantages: illegal, significant interventions in a variety of basic rights of many people. The judge referred to the operations itself, as in the recent past, “unprecedented restrictions on the freedom rights of all people”. These massive interventions were supported by a statutory basis and to prevent further cases of infection is appropriate and necessary.
With a similar wording, the judge rejected the application for a temporary injunction, a fitness Studio owner fought back against the closure of his establishment.
Berlin court: contact restrictions justified
In Berlin, a lawyer before the administrative court of the Federal capital failed failed with his application for a temporary injunction against the Berliner regulation to curb the Corona epidemic. 11. The Senate noted in its on Wednesday announced the decision that the regulations were proportionate. The “high dynamics of the infection events and the associated risk of Overloading the health care system” justified the had contact restrictions.
The court confirmed a previous decision of the Berlin administrative court. The lawyer had argued that the so-called containment measures regulation of 22. In March, an attack is disproportionate in its freedom to exercise a profession. In addition, it will the right of the search considerably more difficult to get to him for advice. “The high ranking of the legal interests of life and health, leave no doubt that the applicant’s impugned limitation, attorney appointments in cases of urgency, appropriate”, – stated in the message of the OVG.
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cba/dpa
