This article is continuously updated and updated.
The Bavarian state government is drawing consequences from the decision of the Federal Administrative Court on the Corona exit restriction in spring 2020: Anyone who had to pay a fine for violating certain Bavarian regulations can now claim it back, as Health Minister Klaus Holetschek (CSU) announced. Specifically, it is about those rules that the federal judges have classified as too extensive: the ban on leaving your own home to stay alone or with members of your own household outdoors.
At the end of November, the Federal Administrative Court in Leipzig subsequently overturned the particularly strict corona rules of the Free State: The exit restriction in April 2020 was not compatible with the principle of proportionality. According to the judges, contact restrictions would have been a milder measure at the time. The Federal Administrative Court emphasized that the all-day ban on leaving one’s own apartment to stay outdoors was a serious infringement of fundamental rights.
More than 22,000 fines in 19 days
The legal dispute concerned the Bavarian Corona Ordinance of March 31, 2020, which was in force from April 1 to 19, 2020. While contact restrictions applied in other federal states at the time, Prime Minister Markus Söder (CSU) and his state government relied on a stricter method – an exit restriction. Leaving one’s own apartment was only permitted with “valid reasons”. These included professional activities and visits to the doctor, shopping, the way to your life partner as well as sports or exercise in the fresh air, “but only alone or with members of your own household”. The police were required to monitor compliance with the rules.
There was an exit restriction in Bavaria before and after that – but the procedure was only about the period in the first half of April. According to the Ministry of Health, between April 1 and 19, 2020, a total of 22,076 fines were imposed for violating the exit restrictions.
Only certain fines will be refunded
According to the ministry, only fines that were issued in this specific period for the reasons mentioned can be repaid. “In other cases, there are no repayments – for example, if fines were imposed because people left their own homes to celebrate a ‘corona party’ with others.” In these cases, the validity of the fine notices remains. “This is also a sign to all people who have behaved according to the rules of the Infection Protection Measures Ordinance.”
Holetschek: The repayment is processed unbureaucratically
According to the ministry, those affected can apply for repayment with an informal letter. If the fine was imposed in a final fine notice, the respective government decides on the refund. “In this case, the applications can be submitted to the district administration authorities that issued the fine notice or directly to the government responsible for the respective district administration authority,” the ministry said.
If the fine was imposed in a “final court decision on the matter”, the judicial authorities are responsible for deciding on the refund. “In these cases, it is recommended that the application be submitted to the court that decided on the fine in the first instance or to the public prosecutor’s office responsible for this court.”
Holetschek emphasized that Bavaria is using the simplest possible procedure for repayments. “The applications for repayment are now being processed unbureaucratically.”
FDP
The Bavarian FDP parliamentary group leader Martin Hagen is not satisfied with the minister’s announcement. “The state government should at least proactively inform the citizens concerned about the possibility of a repayment, insofar as this is possible through the administrative authorities given the data on the fine notices,” he told the German Press Agency. After all, the state government is also responsible for the error. “First people are being illegally locked up at home, and now they’re supposed to be chasing after their own money.” The FDP politician complained that this was disrespectful to the citizens.
AfD: “Long overdue”
The AfD health expert in the state parliament, Andreas Winhart, spoke of a “long overdue decision”. The AfD not only emphasized the disproportionality of the exit restrictions at the time, but also always pointed out that the fines were excessive. “We hope that this decision will be the first step towards a transparent and objective review of the Corona period,” said Winhart. The division of society can only be overcome through a complete reappraisal.”
Minister defends Bavarian corona rules
On the other hand, Holetschek again defended the actions of the state government in spring 2020. In his opinion, the decision of the Federal Administrative Court also shows “that there are no objections to the ordering of an exit restriction in general as a means of combating a pandemic”. This basically confirms the decision made at the time to slow down the spread of the virus with the curfew method.
Holetschek emphasized: “At the beginning of the corona pandemic, it was particularly important to act quickly and decisively.” At that time there was hardly any knowledge about the novel corona virus, no vaccinations and no medication.