A general vaccination requirement against the coronavirus was discussed but never introduced. The situation is different in the German armed forces. Now the vaccination requirement is being dropped there again. This also has an impact on court proceedings.
There is no longer a corona vaccination requirement in the Bundeswehr. The Federal Ministry of Defense announced that soldiers will no longer have to show proof of corona vaccination in the future. A ministry spokeswoman announced that there had been a technical review by the relevant Bundeswehr departments and a vote by the Military Medical Advisory Board. Instead, there should be a “strong recommendation” for the Covid-19 vaccination in the future. It was decided to move away from the so-called obligation to tolerate and towards a voluntary vaccination offer.
Other vaccinations remain mandatory
Soldiers must be vaccinated against a whole range of diseases unless there are specific health reasons not to. These include hepatitis, measles, rubella, mumps and also influenza.
On November 24, 2021, the Federal Ministry of Defense added a Covid-19 vaccination to this list as mandatory. Since then, there has been a tolerance requirement for the vaccination. Anyone who did not comply had to expect disciplinary measures. According to the Ministry of Defense, as of the last survey at the beginning of 2022, around 96 percent of the personnel subject to the tolerance requirement had been vaccinated with two vaccinations.
Negotiation before the Federal Administrative Court
The Federal Administrative Court in Leipzig once again dealt with the mandatory corona vaccination in the Bundeswehr today. A petty officer had opposed the inclusion of the Covid-19 vaccination in the Bundeswehr’s basic vaccination plan. He considered its retention to be unlawful. At the beginning of the oral hearing, the Federal Ministry of Defense made a surprising announcement.
As things stand, the current legal dispute has been resolved, explained the chairman of the 1st Military Service Senate, Richard Häußler, during the oral hearing. And since the Senate declared the ministry’s actions to be legal almost two years ago, claims for compensation such as pain and suffering and damages are also likely to be unsuccessful. The only thing that is still unclear is possible rehabilitation claims.
Almost two years ago, the Federal Administrative Court ruled in a landmark decision that the introduction of the Covid-19 vaccination was lawful. At the same time, it called on the Ministry of Defense to evaluate and monitor the continuation of the vaccination in light of changing circumstances.