The Robert Koch Institute’s shortening of recovery status from 180 to 90 days has been ruled unconstitutional by a court in Germany – but for now, the decision only applies to a single case!
The Osnabrück court ordered a six-month certificate of recovery
In a decision published Friday, the Osnabrück district is obliged to issue the plaintiff with a six-month certificate of recovery, a court spokeswoman said.
However, the decision is not yet legally binding and has no general force, but applies only to the applicant. Other convalescents who do not accept the abbreviated certificate would also have to approach the court, unless the decree is amended in the meantime.
This is because, unlike the Supreme Administrative Court, an administrative court cannot change any standard, the judges explained.
Argumentation of the court
From the Osnabrück court’s point of view, the status of the recovery – and thus its duration – is highly relevant to civil liberty. According to the Osnabrück judges, the fact that the duration was limited to 90 days through information on the IRK website violated a constitutional right. There is no legal basis to communicate this decision to the IRK.
Since mid-January, recovery status in Germany has only been valid for a period of 90 days after a positive PCR test. According to the IRK, this is justified by the fact that unvaccinated persons have less and shorter protection against reinfection after Omicron infection.
According to the court, the IRK has no scientifically valid basis for shortening the renewal status. The judges also criticized that the reference to the ever-changing IRK website was opaque and unclear.