Corona in Bavaria: the court overturns the rule for recovery status – Bavaria

Incidence in Bavaria at 1811.4

Saturday, February 12, 9:57 a.m.: The incidence in Bavaria is 1823.7 on Saturday – slightly above the value on Friday. The health authorities in Bavaria reported 40,677 new cases to the Robert Koch Institute in the past 24 hours. 38 people died from or with the corona virus in the same period.

The district of Eichstätt leads both the Bavarian and the nationwide incidence list with 3853.0 new infections per 100,000 inhabitants in the past seven days. This is followed by the districts of Neuburg-Schobenhausen (2586.7) and Regen (2584.3). The district of Neustadt an der Aisch-Bad Windsheim has the lowest value with 639.9.

Administrative court collects controversial regulation on convalescent status

Friday, February 11, 4:20 p.m.: According to a Bavarian administrative court, the controversial shortening of the recovered status after a corona infection is not permissible in its current form. The court in Ansbach, Middle Franconia, granted the urgent applications of two recovered people on Friday. Accordingly, the old convalescent status of six months still applies to the plaintiffs. However, the court decision initially only applies to the two applicants (Az. AN 18 S 22.00234).

In Germany, the recovered status was reduced to a maximum of 90 days in mid-January based on new guidelines from the Robert Koch Institute (RKI). Previously, those affected had the status for six months. The decision had triggered some strong criticism. As a spokesman for the Ansbach court reported, the judges had doubts that the new regulation was constitutional. They object to the fact that the new regulation no longer specifies a specific period, but refers to the RKI website with regard to the period. “By referring to the website, the legislature does not make this essential regulation about the status of convalescents themselves, but leaves it to an official institution,” said court spokesman Timm Waldmann, explaining the chamber’s concerns.

The court therefore already considered the new regulation to be inadmissible on the basis of the procedure. The judges therefore refrain from examining exactly whether the reduction of the convalescent status is unconstitutional overall. An appeal against the decision can now be lodged with the Bavarian Administrative Court in Munich.

Man insists on proof of recovery – administrative court rejects application

Friday, February 11, 3:49 p.m.: With his attempt to obtain proof of recovery based on a positive antibody test, a man failed before the administrative court in Würzburg. He had not been able to provide any evidence of an infection with the corona virus, as stated in a statement on Friday. According to the information, the health department in Aschaffenburg had already refused to issue the man a convalescent card. He then turned to the court.

In its justification, the administrative court referred to the Covid-19 protective measures exception regulation, according to which an infection must have occurred through laboratory diagnostics using nucleic acid detection – i.e. a PCR test. The man has no right to equality with vaccinated or recovered people who have a PCR test, because antibody detection can also be positive after contact with a coronavirus other than the SARS-CoV-2 virus without the person having a Covid -19 infection. In addition, the antibody test does not allow any conclusions to be drawn about the time of infection and thus the duration of immunity.

The judges also said the man’s antibody tests were from early December and were no longer meaningful. The applicant can appeal the decision to the Bavarian Administrative Court in Munich.

Holetschek: Nobody questions compulsory vaccination – dispute in the state parliament

Friday, February 11, 10:28 am: The controversial statements by Prime Minister Markus Söder (CSU) on the obligation to vaccinate health care and nursing led to a heated exchange of blows in the state parliament on Thursday. In a lively debate, the SPD, Greens and FDP accused Söder and the state government of outright breach of the law and fantasies of omnipotence. Health Minister Klaus Holetschek (CSU) sharply rejected this – and now wants to comment on the subject in a press conference on Friday.

“Neither the Prime Minister, nor the state government, nor anyone else questions this vaccination requirement,” he said in the state parliament on Thursday, adding: “We are talking about implementation times in prison.”

Söder had said on Monday that “the most generous transitional regulations” were needed for compulsory vaccination for healthcare and care, which “de facto initially resulted in a suspension of enforcement”. This triggered a storm of criticism.

SPD country chief Florian von Brunn accused Söder of a “political and constitutional affront”. “It endangers human life.” Söder endangers the health of Bavarian citizens. Jürgen Mistol (Greens) called it an incredible process that Söder did not want to enforce federal law. “This is blatant breach of the law.” And Alexander Muthmann (FDP) said about Söder: “His fantasies of omnipotence don’t even stop at the rule of law.” The AfD used the debate to attack vaccination as a whole.

Holetschek countered that at the federal level a decision for general vaccination was a long time coming. You wouldn’t have the current debate, “if you had made general vaccination compulsory in Berlin”https://www.sueddeutsche.de/bayern/.”You can’t get it right, you messed it up, and now you’re trying to turn the spit to turn around,” said Holetschek.

On the other hand, a clear decision came from Karlsruhe on Friday morning: From a legal point of view, the compulsory corona vaccination for nursing and health staff can be implemented as planned from mid-March. The Federal Constitutional Court in Karlsruhe refused to temporarily override the regulations, as announced on Friday. The decision on the constitutionality in the actual procedure is still pending.

Police are investigating threats against test centers in Würzburg

Friday, February 11, 10:25 a.m.: There has been a bomb threat against several corona test centers in Würzburg. Corresponding emails were received by the city, district and local media, the police said on Friday. Now the sender is searched for. According to a spokesman, he faces a prison sentence of up to three years. According to the police, detonations had been announced for 4 p.m. on Thursday. The police then took “necessary measures” to avert danger, but there were no explosions.

Incidence in Bavaria at 1811.4

Friday, February 11, 6:57 a.m.: The incidence in Bavaria has fallen minimally. On Friday it was 1811.4, on Thursday it was 1817.5. According to the Robert Koch Institute (RKI), five of the 96 districts and independent cities are below the 1000 mark, 26 are above 2000. The health authorities in Bavaria reported 45,868 new cases to the RKI in the past 24 hours. 37 people died from or with the corona virus in the same period.

The Eichstätt district leads both the Bavarian and the nationwide incidence list with 3896.6 new infections per 100,000 inhabitants in the past seven days. This is followed by the districts of Neuburg-Schobenhausen (2494.6) and Regen (2465.3). The district of Neustadt an der Aisch-Bad Windsheim has the lowest value with 720.8.

Aiwanger would like folk festivals with as few conditions as possible

Thursday, February 10, 5:27 p.m.: On February 24th, the state government wants to consult with the showman associations about the possibilities for folk festivals this year. “Minister of Economic Affairs Hubert Aiwanger (Free Voters) would like folk festivals to take place again this year with as few restrictions as is infectiousally justifiable,” said a spokesman for his house on Thursday to the radio station Antenne Bayern.

The decision on the restrictions is up to the Ministry of Health. Therefore, Aiwanger and Health Minister Klaus Holetschek (CSU) would hold a round table with the showman associations on February 24 to discuss the requirements for folk festivals this season.

Holetschek backtracks on compulsory vaccination: delay of only a “few weeks”

Thursday, February 10, 10:17 a.m.: The Bavarian state government now wants to introduce compulsory vaccination for healthcare workers a little faster than Prime Minister Markus Söder (CSU) initially promised. Bavaria still thinks the introduction of facility-related compulsory vaccinations is a good idea, emphasized Health Minister Klaus Holetschek (CSU) on Thursday on Bayerischer Rundfunk. However, their introduction will be postponed by a “few weeks” because many questions are still open.

Söder, on the other hand, spoke of “the most generous transitional regulations” on Monday, which “de facto initially amount to a suspension of enforcement”. “For how many months, we will see.” The state government had thus received sharp criticism.

In all likelihood, however, a punctual start of the facility-related compulsory vaccination on March 15th is still not to be expected in Bavaria. Holetschek said on Bayerischer Rundfunk that the implementation had simply not yet been clarified. “Of course the law makes sense. But it has to be feasible to implement it.” For his part, Holetschek accused the federal government and Chancellor Olaf Scholz (SPD) of not making any progress in introducing a general obligation to vaccinate.

Incidence in Bavaria is falling

Thursday, February 10, 7:03 a.m.: The incidence in Bavaria has fallen slightly for the first time in weeks. On Thursday it was 1817.5, on Wednesday it was still 1840.4. According to the Robert Koch Institute (RKI), four of the 96 districts and independent cities are still below the 1000 mark, 24 are above 2000. The health authorities in Bavaria reported 44,758 new cases to the RKI in the past 24 hours. 41 people died from or with the corona virus in the same period.

The Eichstätt district leads both the Bavarian and the nationwide incidence list with 3888.3 new infections per 100,000 inhabitants in the past seven days. This is followed by the city of Rosenheim (2505.1) and the district of Neuburg-Schobenhausen (2504.9). The district of Neustadt an der Aisch-Bad Windsheim has the lowest value with 738.6.

Munich’s Mayor Reiter tested positive for Corona

Wednesday, February 9, 3:28 p.m.: Munich’s Mayor Dieter Reiter (SPD) has been infected with the corona virus. This was announced by his spokeswoman on Wednesday afternoon. First of all, a quick test in the morning showed a positive result. In the subsequent PCR test, the infection was confirmed. The mayor has so far shown “no significant symptoms”, according to a message from the town hall.

As provided for by the infection protection rules, Reiter immediately went into quarantine. From there he will continue to work as normal. There was no information on Wednesday on which occasion the mayor contracted the corona virus. It shouldn’t be lonely for the mayor in quarantine anyway. His wife Petra also tested positive and is now also in isolation.

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