The owner of three fashion houses who filed a complaint against Hesse’s 2G rule in an administrative court in Frankfurt has won her case. According to the court’s decision served Monday, she can operate without the 2G rule for the time being, a court spokeswoman said. (5 L 182/22.F)
The applicant argued that it was not understandable why not only businesses supplying the public with absolutely essential everyday products, such as pharmacies, drugstores and petrol stations, but also, for example, garden centers and florists, were exempted from the application of the 2G rule, while clothing and fashion stores were not included in the category of stores providing basic supplies.
The court found a violation of the fundamental right to equal treatment
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In a ruling that is not yet final, the administrative court found that the Coronavirus Measures Regulation violates the applicant’s fundamental right to equal treatment. It found that the regulation did not indicate with sufficient precision which stores were to be covered by regulations restricting access only to vaccinated or recovered persons.
According to the court’s reasoning, the German Social Code lists not only food, personal hygiene products and household utensils, but also clothing among the goods for basic living needs.
Source: www.welt.de