Retailers 2G Case

Re: the Legality of Germany’s 2G rules


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Facts of the Case

  • Dates: December 16, 2021
  • Location: Lüneburg, Lower Saxony, Germany
  • Court: Lower Saxony High Administrative Court
  • Case #: Az.: 13 MN 477/21
  • Plaintiff: Retailers
  • Defendant: Government
  • Trial Type:
  • Judge:
  • Status: Decided
  • Verdict: For the Plaintiff



The implementation of Covid restrictions in the retail sector, named the 2G rule, has been challenged in court by retailers from all over Germany.

Those without a Covid passport are now forbidden to enter many shops, restaurants, and cultural events as a result of the 2G law.

Retailers have complained about a substantial decline in sales and the terrible timing of the restrictions during the Christmas season since the 2G rule was enforced in the retail sector earlier this month.



This case highlights the impact of the covid rules on the economy, especially small businesses. It also questions the discriminatory nature of the guidelines.


Plaintiff’s Argument

…More information is needed…


Defendant’s Argument

…More information is needed…



The execution of the laws impacting retail was suspended by a court in Lower Saxony on Thursday. The restrictions were declared discriminatory by the court.

The measure was not necessary to further contain the corona virus and was also not compatible with the general principle of equality, the court ruled. [2]

One of the reasons given by the court for its decision was that it was not possible to simply transfer research findings from enclosed spaces in the sports and leisure sector to the retail sector. Moreover, customers could also be required to wear an FFP2 mask in the retail sector. In addition, he said, it was not apparent that the country had increased its research on infection pathways to improve the targeting of its protective measures. [2]



“The judgment in Lower Saxony makes it clear that the 2G regulation is not a legal sure-fire successor for large parts of the retail sector,” said HDE (German Trade Association) managing director Stefan Genth of the German press agency.

Genth expects that other federal states that have challenged the 2G rule will follow Lower Saxony’s lead.

“The other state governments should now also take this into account, avoid unjustified burdens on the retail trade and not wait until their ordinances are collected again by the courts,” he said in a statement.


Further Research

Court Documents:
  • Read the Court Ruling
In the news:



2G-Regel für Kinder ab 12 Jahren

source: Bild

Gericht kippt 2G im Einzelhandel

source: Ritter der Meinungsfreiheit

Infektiologe kritisiert 2G-Regel

source: Bild



  1. German court state of Lower Saxony has ruled that vaccine passports are illegal
  2. Niedersachsen kippt 2G-Regel im Einzelhandel



2G, Christmas, Genth, German, German Trade Association, Germany, HDE, High Administrative Court, Lower Saxony, Pass, Passport, Retailers

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