Hessen Anti 2G Case
Re: the Legality of 2G rules to prohibit entry into shops & hospitality venues
Facts of the Case
- Dates: Jan 31, 2022
- Location: Hessen, Germany
- Court: Frankfurt Administrative Court
- Case #:
- Plaintiff: Fashion Store Owner
- Plaintiff’s Lawyer:
- Defendant: State of Hessen
- Trial Type:
- Judge:
- Status: Decided
- Verdict: for the Plaintiff
*updated Feb 4, 2022
Background
The German state of Hessen’s 2G rules allow only vaccinated or recovered people access to stores and venues except for shops for daily/ essential needs such as supermarkets or pharmacies [1]
An operator of three fashion stores challenged this rule before the Frankfurt Administrative Court. [1]
Significance
This is one several states now overturning this rule that indicates a shift in support for the 2g rules as well as other corona measures
Plaintiff’s Argument
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Defendant’s Argument
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Relevant Prior Judgements/ Cases
Similar cases have also overturned this rule in Bavaria, Baden-Württemberg
Decision
a court spokeswoman explained on Monday, she can conduct her business without applying the 2G rule for the time being. [1]
Aftermath
Shortly thereafter, the city of Hanau was the first city in Hesse to decide to no longer impose the 2G rule for retail. For reasons of equal treatment, 2G can hardly be mediated after the court ruling. Hanau’s Lord Mayor Claus Kaminsky said: [1]
“Now the country is called upon to quickly provide legal clarity.” [1]
Hesse wants to lift the 2G rule for all retail in the state. Prime Minister Volker Bouffier (CDU) said on Wednesday in the state parliament in Wiesbaden that one must continue to act cautiously because the corona pandemic is not over yet. Therefore, in the future, wearing FFP2 masks will be mandatory for all retail trade in Hesse. [1]
Bouffier now decided that it no longer made sense to distinguish between basic necessities shops and other retailers. In addition, the industry is under enormous pressure. The Corona cabinet will now deal with the planned new regulations. The new regulations could come into force as early as next week. The federal and state governments had decided on the 2G rule for large parts of the retail trade in view of the increasing corona incidence figures at the beginning of December last year. In some federal states, shopping without 2G is already allowed again after courts overturned the rule. [1]
More and more federal states are saying goodbye to the 2G rule in retail on their own initiative. Schleswig-Holstein made the start, now another federal state Mecklenburg-Western Pomerania wants to follow the example of other federal states and relax the corona restrictions on trade. [2]
The spokesman for Prime Minister Manuela Schwesig (SPD) announced changes in Schwerin on Thursday. The 2G rule, intended as a nationwide uniform protective measure, is increasingly becoming a patchwork quilt and there is a risk of shopping tourism, he said. The cabinet will decide on the future regulations in the country on Tuesday. [2]
In several federal states, shopping without proof of vaccination or recovery is already allowed again because courts had overturned the corresponding 2G rule. [2]
Schleswig-Holstein’s Prime Minister Daniel Günther (CDU) announced on Wednesday that this rule would also be lifted in his state with effect from February 9th. [2]
Politicians from the coalition and opposition are now calling for such a step to be implemented nationwide. [2]
FDP leader Christian Lindner said in the RTL program “Guten Morgen Deutschland” that the 2G rule would cause economic damage without making an effective contribution to combating the pandemic. “And that’s why 2G is not required in retail, the mask is already there,” emphasized the minister on RTL and ntv.
The Bavarian Prime Minister/ CSU boss Markus Söder told the “Bild” newspaper: [2]
“With an FFP2 mask we can do without the 2G rule in retail. You only stay in shops for a short time. That could be implemented nationwide.” In gastronomy, the 2G rule can be retained, but there is no need for an additional test. In the RTL / ntv “early start” the Bavarian Prime Minister said: “We now need an entry point to the exit. The omicron wall is there now and will probably get a little bigger, but there are doors in the wall that we can see through be able.”
Deputy CDU chairman Carsten Linnemann also wants to overturn the 2G rule for retail. [2]
“If you don’t have the acceptance of certain measures, people won’t participate either,” Linnemann told the magazine “Cicero” (online). It cannot be conveyed to anyone that the 2G rule in retail still applies in some federal states, while it has already been abolished a few kilometers away in neighboring federal states.
AfD parliamentary group leader Alice Weidel demanded on Thursday: [2]
“The repeal of the discriminatory, unconstitutional and health-politically pointless 2G and 3G rules is overdue, and not step by step, but immediately and in all their absurd variations.” Referring to other European countries, Weidel called for a deadline for the complete lifting of all corona requirements. “And not someday, but very soon,” she added.
Further Research
Court Documents:
- Read the Court Ruling
In the news:
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Media
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References
- Hessen wants to lift 2G rule for retail — RT DE
- Corona rule in retail – third federal state wants to put an end to 2G
Keyword
Hessen, Germany, 2G, Regel, retail, Federal, State, Soder, Afd, Frankfurt, Administrative Court, essential needs, Prime Minister, CDU, CSU, Bouffier