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Bielefeld (NRW): Man defends himself against Corona measure – and wins


In NRW, the second corona wave still has the country firmly under control (symbol picture).

© Tobias Schwarz / AFP

The quarantine obligation for people entering NRW from a corona risk area has been lifted. A man from Bielefeld complained and was right.

Bielefeld – Since the beginning of the Coronavirus-Pandemic in Germany the federal government has some Corona rules* set up to protect people from infection with the SARS-CoV-2 virus. But more and more citizens are resisting the strict measures – with success. Who, for example, from a Corona-Risikogebiet Entering North Rhine-Westphalia, had to be in quarantine until recently. But one Mann out Bielefeld sued in court against the state of North Rhine-Westphalia (NRW) and overturned the rule.

city Bielefeld
Residents over 334,000
state NRW

Plaintiff from Bielefeld takes action against the corona rule – and wins court case against NRW

The Quarantine obligation for travelers returning from corona risk areas was for NRW canceled, even though Germany’s most populous federal state is colored deep red on the Corona map. The 7-day incidence is well over 100. Also In Bielefeld, the number of new corona infections is still high and the city recently recorded an increase in deaths* that are said to be related to the SARS-CoV-2 virus. You can read all information on the number of cases in the newsticker from owl24.de *.

Because of the ongoing coronavirus crisis, travel is currently out of the question for most people. But who until a few days ago was still from one of the Robert Koch Institute (RKI) Enter the corona risk area to NRW wanted, had to be for at least ten days in quarantine go. These Corona-Regel was now overturned on November 20 by the Higher Administrative Court of Münster (OVG) after the man came out Bielefeld* had sued.

Vacationers from Bielefeld went to Ibizia: the court overrides the NRW corona entry regulations

The vacationer stayed in Ibiza until November 13th. The Spanish Balearic Islands had 7-day incidences in November that were just over 100 and were thus significantly lower than in North Rhine-Westphalia, as reported by ruhr24.de *. The Man from Bielefeld was therefore in an area where the coronavirus risk is theoretically lower than in North Rhine-Westphalia. The RKI still designates it as a risk area.

The in Ostwestfalen-Lippe* native man traveled from Ibiza to Tenerife, Canary Islands. Since October 24th, the holiday region is no longer considered a risk area. Nine days after leaving Ibiza from Bielefeld, he wanted to fly back to North Rhine-Westphalia. But the NRW Corona Entry Ordinance of November 9th said that he was in for a maximum of ten days quarantine had to go because he had been in a risk area ten days before entering the country.

The man finally sued in court. He was of the opinion that one could not be classified as suspected of being contagious because of a stay in the Balearic Islands if the 7-day incidence there was significantly lower than at home. The incidence in Bielefeld was last over 170. The judges at the Higher Regional Court in Münster* (OVG) followed his argument. With the verdict in the process finally became part of the Corona entry regulation of NRW repealed.

Bielefeld’s lawsuit is successful – NRW wants to change corona rules for returnees from risk areas

The judges justified the judgment by stating that it was not possible to force all returnees from risk areas into quarantine. It makes no sense if someone who enters from an area where the corona numbers are lower than in NRW has to be quarantined. According to this logic, every citizen from NRW must be quarantined as soon as he leaves his house. Due to the corona virus, the OVG Münster is currently busy.

Dozens of corona proceedings are currently being processed at the North Rhine-Westphalia Higher Administrative Court in Münster.

© Guido Kirchner / dpa

One day after the verdict, the NRW state government announced that the entry rules will be permanently adjusted. The NRW Ministry of Health also informed all other federal states of the judgment. When the federal and state governments discuss the further course of action in the coronavirus pandemic on Wednesday (November 25th), the topic of “entry regulations” should also be on the agenda. There may be further adjustments. The man from Bielefeld set a big stone in motion with his lawsuit. (*Owl24.de, msl24.de and ruhr24.de are part of the Ippen-Digital network.)

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