BGH, judgment of 11.4.2024 – III ZR 134/22
a) The general clause on infection protection law in Section 28 Paragraph 1 Sentence 1 IfSG and the authorization to issue ordinances in Section 32 Sentence 1 IfSG were a constitutional basis for the bans on accommodation and events as well as restaurant closures ordered by general decrees and legal ordinances to combat the COVID-19 pandemic until November 18, 2020. In particular, they satisfied the requirements for the clarity of a statutory regulation set out in Article 20 Paragraphs 1 to 3 GG and Article 80 Paragraph 1 Sentence 2 GG.
b) As of 19 November 2020, the general clause of Section 28 Para. 1 IfSG was made more concrete in a constitutional manner in Section 28a Para. 1 IfSG by naming non-exhaustive examples of rules.
c) Bans on accommodation and events as well as restaurant closures could be ordered by means of general decrees, particularly at the beginning of the COVID-19 pandemic.
d) On the proportionality of bans on accommodation and events under infection protection law as well as restaurant closures (here: hotel group) in the period from March 2020 to June 2021 to prevent the further spread of the SARS-CoV-2 virus (“first and second lockdown”).
(Official guidelines)
