Court overturns 2G retail rule in Baden-Württemberg

First in Bavaria, now also in the southwest of Germany: a court has overturned the strict trade restrictions in Baden-Württemberg. This is already the second defeat of the Kretschmann government within a few days.

Thus, unvaccinated people will again be able to go shopping in this state, as long as they have a current coronavirus test result. The Mannheim Administrative Court on Tuesday repealed the 2G retail rule with immediate effect. This means that the 3G rule will take effect again in stores in Baden-Württemberg.

The complaint was filed by a woman from the Ortenau district who runs a stationery store. She complained that stationery stores, unlike flower stores, are not treated as those offering necessities where the 3G rule applies despite Alarmstufe II. It considered this to be unequal treatment.

The Administrative Court of Bavaria ruled similarly

Also in Bavaria, five days ago, an administrative court suspended the application of Rule 2G. For the Baden-Württemberg government, this is the second defeat in a matter of days. Just Friday, judges in Mannheim ruled in a similar case in favor of an unvaccinated student. He had complained that Alarmstufe II would lead to the far-reaching exclusion of unvaccinated students from participation in full-time classes. The administrative court has suspended the part of the pandemic restriction regulation concerning the operation of universities since last Monday.

The Baden-Württemberg government, concerned about the Omikron variant of the coronavirus, decided that regardless of hospitalization rates, rules in accordance with the so-called Alarmstufe II would apply until the end of January. The Mannheim judges said the regulation, which explicitly provides for far-reaching access restrictions for unvaccinated people regardless of the hospitalization rate for the past seven days, does not comply with the provisions of the Federal Infection Protection Act.

Kretschmann wants to introduce a new system suitable in the face of the rapid spread of the Omicron variant

The court held that significant restrictions on fundamental rights cannot be made in isolation from the hospitalization rate, which shows how many people infected with coronavirus per 100,000 population end up in the hospital per week.

Due to the rapid spread of the Omikron variant, the government of Prime Minister Winfried Kretschmann wants to adjust the existing system of restrictions to the changed pandemic situation later this week.


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