corona pandemic
Court in Bavaria overturns 2G rule in retail
Information about the corona rules is signposted on the door of a shop. A court in Bavaria has now overturned the 2G rule in retail.
© Christophe Gateau / DPA
In Bavaria, the Administrative Court overturned the 2G rule in retail. The judges ruled that the Bavarian ordinance did not meet the requirements of the Infection Protection Act for access restrictions.
The Bavarian Administrative Court (VGH) has overturned the 2G access restrictions to retail in the Free State. In an incontestable decision published on Wednesday, the judges ruled that the Bavarian ordinance did not meet the requirements of the Infection Protection Act for access restrictions to vaccinated and recovered people. In principle, 2G rules are possible for retailers, but the Bavarian regulation does not meet the necessary requirements. The owner of a lighting shop was thus successful with an urgent application before the court.
Bavaria: Judges criticize the lack of clarity in the regulation
According to the 15th Bavarian Infection Protection Measures Ordinance, access to retail may only be granted to those who have recovered and those who have been vaccinated. Shops for daily needs are excluded. This daily need is specified in the ordinance with a list of examples, such as grocery stores, pharmacies or petrol stations. The applicant saw this as a violation of her professional freedom and the principle of equal treatment.
In the opinion of the VGH judges, according to the requirements of the Infection Protection Act, the regulation must provide sufficient clarity as to where exceptions apply to everyday business. The Bavarian ordinance does not meet this requirement. Especially with regard to shops with mixed product ranges, it cannot be determined with sufficient certainty which shops in Bavaria are affected by the 2G rule and which are not.