Whether a tanning salon in Brandenburg, a swimming pool in Lower Saxony or hotels in Bavaria: They all defend themselves against the strict Corona restrictions in November. Urgent applications are piling up at the higher administrative courts.
Numerous lawsuits have been filed in several federal states against the strict Corona restrictions in November. According to a spokesman, 39 urgent requests were received by the afternoon at the Berlin Administrative Court alone, mostly from restaurateurs. They object to the fact that they have to close their premises to guests for at least four weeks. Applicants also included a gym and concert promoter. When the court will decide on the applications is still open.
The Bavarian Administrative Court in Munich also registered more than a dozen complaints against the regulations at the beginning of the partial lockdown. A court spokesman said that 13 rulings and two main proceedings had been received so far. According to the court, the proceedings mainly concern the closure of hotels to tourists and the ban on serving guests in restaurants.
Companies refer to existing hygiene concepts
A four-week partial lockdown has begun across Germany, which is intended to break the second corona wave. In all federal states, hotels and restaurants, cinemas, museums and theaters as well as other leisure facilities are largely closed.
However, many of the businesses affected do not consider the closings to be proportionate, because they have developed hygiene concepts in the past few months. Others argue that the protection against infection does not justify the fact that individual industries are closed completely, while others – for example retail – are allowed to remain open.
Brothels and dance schools were also among the applicants
In addition to Berlin and Bavaria, the first complaints were also reported from other federal states. In Brandenburg, a tattoo parlor and a tanning salon submitted urgent applications to the Higher Administrative Court (OVG) Berlin-Brandenburg, according to a court spokeswoman. In addition to other applicants, a company that operates a facility with 24 holiday apartments on the island of Sylt is fighting against the new Corona regulation in Schleswig-Holstein.
In Lower Saxony, complaints from a cosmetic studio, a swimming pool, a game room and a betting office were received by the Higher Administrative Court. And in North Rhine-Westphalia, according to the Higher Administrative Court, the applicants also oppose the closure of brothels and dance schools.
Saxon AfD plans to take legal action at the constitutional court
The AfD parliamentary group in the Saxon state parliament wants to have the new Saxon corona protection ordinance reviewed by the constitutional court of the Free State. The parliamentary group announced that the corresponding norms control complaint should be sent to Leipzig immediately by fax. According to the party and parliamentary group leader Jorg Urban, the AfD is pursuing two concerns: On the one hand, the state parliament should have a say in the corona measures, and on the other hand, the restrictions that have been made should be checked.
At a press conference, Urban criticized, in his opinion, unfounded encroachments on constitutionally guaranteed fundamental rights. The mask requirement is a "strong interference with the right to physical integrity". Urban took the view that the number of new corona infections could be brought under control through better contact tracking.