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Auto Shows Corona: Court overturns new rule for retail trade

12:55  11 march  2021
12:55  11 march  2021 Source:   maennersache.de

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The Saarland Higher Administrative Court overturns a corona regulation for retail that was passed days earlier by the federal and state governments.

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The corona regulations are becoming more and more confusing. Even the retail sector, which can partially reopen, is not only confused, but feels disadvantaged.

Lawsuit in Saarland

The operator of a computer shop in Saarland sued in an urgent procedure against the obligation to book an appointment and the restriction to one customer per 40 square meters. She saw herself at a disadvantage compared to other shops that are also allowed to open, such as B. flower shops or bookstores that are allowed to serve one customer per 15 square meters.

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Court overturns retail regulation

The court agreed with the plaintiff. There is unequal treatment compared to "privileged business premises", according to an report in the Saarbrücker Zeitung .

The judgment goes on to say that the current regulation violates the "fundamental right to exercise freedom of occupation and the property guarantee". There are "considerable doubts as to the proportionality of the operational restrictions".

In addition, the court draws attention to the low risk of infection in retail, as confirmed by the RKI. The verdict says: "A determination of individual risks carried out by the RKI according to the criteria of the individual risk of infection and the proportion of the overall infection rate only shows the classification" low "for the" setting "retail."

A milestone

Jörg Bode, deputy chairman of the FDP parliamentary group in Lower Saxony, sees the decision of the Saarland Higher Administrative Court as an "important milestone". It is "long overdue that the findings about the routes of infection are also reflected in the measures taken by the government," the politician is quoted in Celle Today .

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