Berlin.
In the first week of November, the courts received more than 500 urgent motions. This is just the beginning, fears the judges’ association.
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Peter Firnhaber is bitterly disappointed. All the work and ideas of the past few months, the hygiene concepts, the blocked fitness machines in order to adhere to distance rules – and yet the 58-year-old has had to close the Langenhagen fitness center, of which Firnhaber is managing director, since the beginning of November.
This is what the regulation for Partial lockdown from the federal and state governments. But Peter Firnhaber didn’t want to put up with it. “In the first lockdown, I understood the measures, nobody really knew how to deal with the virus. A lot has happened since then, and Health Minister Jens Spahn recently said that it would now be solved differently. And yet I’m back to where I was in the spring, ”Firnhaber told our editorial team.
He submitted an urgent application to the Lower Saxony Higher Administrative Court in Lüneburg – and failed. Last Friday, the court rejected the application.
Corona measures: More than 500 urgent applications have been received by the courts
With his lawsuit, Peter Firnhaber is not the only one who is taking legal action against the corona requirements that were tightened in November. On the contrary. In the first week of the November lockdown, more than 500 urgent applications were received by the administrative courts, the said German Association of Judges our editorial team.
Among the applicants are mainly companies from the sectors affected by the lockdown, such as catering establishments, fitness studios, concert organizers or hotels. The operators of swimming pools, amusement arcades, betting offices, tattoo, tanning and cosmetic studios are also taking legal action against the corona measures.
Nowhere is there as often a complaint as in Berlin
Urgent applications to the 51 administrative courts as well as the 15 higher administrative courts and administrative courts in Germany have also submitted citizens who do not want to accept bans on visiting clinics or the obligation to wear a mask on streets and squares. In November, more than 90 plaintiffs appealed to the administrative courts in Berlin – more than in any other federal state.
Niko Härting has submitted around 60 urgent applications in the capital. The lawyer and honorary professor at the University of Economics and Law (HWR Berlin) sees no equal treatment of the companies in the measures. “Why is a craft store treated differently from a restaurant, even though there is no scientific basis that restaurants increase the rate of infection?” He asks.
Fitness studio operator Firnhaber also sees it that way. “If I limit the number of members present in the studio to 80 people at the same time, then that’s one person per 15 square meters – that’s less than in retail. Still, I have to close, ”he says annoyed. That the court ruled against him does not come as a surprise.
Coronavirus – The most important news at a glance
Only ten percent of the lawsuits are successful
So far, the courts have overwhelmingly confirmed the corona restrictions. On a national average, the Association of Judges has determined a success rate of the urgent proceedings against state protective measures of around ten percent.
According to attorney Härting, this is due to the fact that the courts depend on a quick assessment of the consequences. “If you were to overturn the ban, the worst case scenario would be deaths. If you keep the ban on the other hand, in the worst case scenario the actor will miss out on appearances, ”he says. So most of the courts would choose to uphold the measures.
Administrative court overturns mask requirement in Düsseldorf
“Exceptions are particularly blatant resolutions,” says Härting. These include, for example, the decision of the city of Düsseldorf to introduce a general mask requirement and a minimum distance of five instead of the usual 1.5 meters in almost the entire city. On Thursday, the Düsseldorf Administrative Court overturned this city’s plan.
It could be a symbolic decision – and the beginning of a development. Richterbund managing director Sven Rebehn expects that the wave of lawsuits will continue to grow. “There is a lot to suggest that the numerous disputes on the occasion of the recent restrictions on restaurants and hotels, recreational sports and the cultural scene will keep the judiciary busy in the next few weeks,” Rebehn told our editorial team.
“The courts do everything possible to provide those affected with legal protection as quickly and effectively as possible. The possibility of having fundamental rights encroachments checked by independent judges in a timely manner contributes significantly to the social acceptance of the corona restrictions. “
Corona – More information on the topic
More than 5000 lawsuits since the start of the pandemic
Since the beginning of the pandemic in the spring, according to the judges’ association, more than 5000 lawsuits and applications for temporary legal protection against corona restrictions have reached the judiciary. The administrative courts have ruled on contact bans and compulsory masks, business and school closings, assembly bans and exit restrictions.
Most recently, there was also an increasing number of bans on accommodation and entertainment, curfew and travel restrictions. “After a quieter phase in the summer months, the number of cases in most courts has increased significantly since the beginning of October,” said a spokesman.
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