A court would presume to reject something that scientific and political bodies had laboriously wrested from, with reference to proportionality. “I have big problems there. There are situations in which it is right to classify freedoms behind the right to physical health – not just for oneself, but for everyone. And we have such a situation,” emphasized the medical representative.
On December 16, the Lower Saxony Higher Administrative Court overturned the 2G rule in the state’s retail trade. The court decided that the measure was not necessary to further contain the coronavirus and was not compatible with the general principle of equality. Among other things, the Senate complained that there were no reliable and comprehensible findings on the actual risk of infection in retail. In addition, the state could oblige retail customers to wear an FFP2 mask. This would reduce the risk of infection to such an extent “that it could almost be neglected,” said the court.
The federal and state governments in Germany decided on December 2nd that 2G should apply nationwide and regardless of the incidence in retail. Exceptions to the 2G rule apply to shops with daily needs, such as supermarkets and drug stores.
Source: Nachrichten
