New Year’s Eve
Court upholds the ban on the sale of fireworks
The Federal Council approved the comprehensive ban on the sale of firecrackers on December 17th. Photo: Christophe Gateau / dpa
© dpa-infocom GmbH
It stays that way – no firecrackers on New Year’s Eve. The Berlin Administrative Court classifies the Federal Ministry of the Interior’s regulation in the corona pandemic as proportionate.
The Berlin Administrative Court has confirmed the nationwide sales ban on New Year’s Eve fireworks. Urgent applications from pyrotechnics dealers against the regulation of the Federal Ministry of the Interior remained unsuccessful, as the court announced.
As in the previous year, the judges rated the ban on firecrackers in the corona pandemic as proportionate. (Az: 1 L 554/21, VG 1 L 558/21, VG 1 L 562/21 and VG 1 L 565/21)
It pursues the goal of reducing the number of injuries caused by improper use of New Year’s Eve fireworks and thus not exacerbating the situation in hospitals any further, the judges said with a view to the corona situation. From their point of view, figures from Berlin at the turn of the year show that the ban is suitable for this: According to this, 50 to 75 people are usually admitted to the Marzahn accident hospital in Berlin on New Year’s Eve, compared with just 10 last year.
In view of the current heavy burden on hospitals, rapid action is required, the court said. It is therefore permissible that there is no law for the prohibition. The plaintiffs had criticized this as inadmissible. An appeal can be lodged with the Higher Administrative Court of Berlin-Brandenburg against the decisions of the administrative court. The Berlin courts are responsible because of the official seat of the Federal Ministry of the Interior.
The Federal Council approved the comprehensive ban on the sale of firecrackers on December 17th, thereby implementing a federal-state agreement. In addition, numerous municipalities have banned the burning of pyrotechnics in central places on New Year’s Eve.