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Merzhausener fails with urgent application – southwest

VGH in Mannheim confirms the ban on accommodation.

(ka). A landlord of holiday apartments from Merzhausen (Breisgau-Hochschwarzwald district) has failed with an urgent application against the ban on accommodation before the Administrative Court in Mannheim. According to the First Senate, according to the applicable Corona regulations, there is probably no objection to the fact that the state government is currently banned from renting holiday apartments. Although the landlord is entitled to apply, his application for an interim order is not justified. This would only be the case if it were otherwise to suffer “severe disadvantages”. This order can not be contested.

However, the landlord, who owns properties in Todtnauberg and Rheinau-Linx, is free to pursue main proceedings in which the arguments are weighed against each other in more detail. The First Senate left open how this could end. Plaintiff Wolfgang Morgenthaler from Merzhausen near Freiburg did not decide whether he would continue to take legal action in view of the financial expense. “But I could imagine joining forces with several plaintiffs from Baden-Württemberg as comrades in the dispute,” he said. The court assumes that the disadvantages associated with the rental ban are considerable. However, protecting the population from the consequences of a corona infection and maintaining the health system are currently more important.

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