District Office Lörrach has to improve its general decree – district Lörrach

Complaint against curfew

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The district office of Lörrach specifies the reason for the curfew. One landlord was initially successful with an urgent application to the administrative court. A new general decree now applies.

The Lörrach district office issues a new general corona ruling. The reason is a ruling by the Freiburg Administrative Court, which referred to the early curfew in the Lörrach district. The court granted an urgent application from a landlord and criticized the insufficient reasoning for the measure. The innkeeper would not have had to keep to the curfew for the next three days – all other innkeepers in the district did. However, the district office immediately improved: The new general decree applies from Friday. The authority speaks of a formal error in the reason for the blocking period. When asked by the BZ, the Freiburg Administrative Court declares that this new general ordinance also applies to the landlord who was successful with the emergency application. He would have to lodge a new objection with the district office and submit an urgent application to the court.

The background

In its decision, the administrative court wrote that the early start of the closing time for restaurants in a general order from the Lörrach district office was in all probability illegal. The court granted an urgent application from a landlord from the Lörrach district. “Legal protection should always be granted,” says Lena Fischer, judge at the administrative court when asked. The decision only related to the landlord, for all other restaurateurs the curfew would have existed anyway. In addition, it would only have been a matter of three days – from November 2nd, like all other restaurants, it will have to close for the rest of the month anyway.

Last Friday, the Lörrach district office issued a general decree to contain the corona virus. This not only stipulated a curfew from 11 p.m. to 6 a.m., including a ban on alcohol, but also a ban on alcohol at sporting events and a mask requirement for markets, trade fairs, exhibitions and other public events.

The administrative court does not doubt that blocking times can be extended in the course of the Infection Protection Act. “In line with this, two urgent motions against a corresponding general ruling by the Breisgau-Hochschwarzwald district office remained unsuccessful this week.” But: “Unlike in the general order of the district office Breisgau-Hochschwarzwald leave the grounds for the general order of the district office
Lörrach, however, conclude that it came about incorrectly. “When asked, Judge Fischer explained:” The reasoning is very general. “

District office wants to issue new decree

The decision is an immense intervention for the restaurant operator. The authorities would have to observe the principle of proportionality. In the justification of the district office, there would be no statements on the necessity of extending the blocking times. “However, the court has already pointed out that an extension of the blocking period could well be ordered again if the necessary discretionary considerations were made up for.”

The district office reacted immediately on Thursday evening to the decision of the administrative court. The decision of the administrative court is also not yet legally binding. The District Office can lodge a complaint with the Administrative Court of Mannheim within two weeks.

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