Setback in the fight against Corona: The Lower Saxony Higher Administrative Court has temporarily overturned the 2G rule for retailers in Lower Saxony. The court does not consider it to be proven by research that the 2G rules are effective.
The Higher Administrative Court in Lüneburg has overturned the 2G rule that has only recently come into force in retail in Lower Saxony. The measure was not necessary to further contain the coronavirus and is also not compatible with the general principle of equality, the court decided on Thursday, according to the announcement. Since Monday, the rule in the retail sector in Lower Saxony that those who had not been vaccinated against Corona or recovered from the virus could only shop in shops for daily needs.
The 13th Senate of the court decided to suspend this regulation for the time being. (Ref .: 13 MN 477/21). The complaint was filed by a company that also operates retail outlets in Lower Saxony with a mixed assortment.
The court does not see any transferability of research results
The court justified its decision, among other things, by stating that it was not possible to simply transfer research findings from closed spaces in the sports and leisure sector to retailers. In addition, retail customers could also be required to wear an FFP2 mask. In addition, it is not evident that the country has increased its research on infection routes in order to improve the accuracy of its protective measures.
The trade association had already sharply criticized the rule in advance and stated that with the introduction of the 2G rule, it was to be expected that the Christmas business in the inner cities would largely come to a standstill. In Schleswig-Holstein, an urgent application by Woolworth GmbH against the 2G rule was rejected by the responsible court this week.
Source From: Stern
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