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.
Significance
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…
Decision
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]
Aftermath
“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.
Legal Report written by the German lawyer Beate Bahner, outlining the many violations under German & EU Law of the Covid Inoculation program. (Dated Dec 27, 2021)
Section 1 : is the full original document (in German)
Section 2 : is a ‘Working English’ translation made by Corona Cases of item “9. Summary” of lawyer Bahner’s document
(i.e. it is not an ‘official translation’ authorized for legal purposes but only intended as an aid to understanding of the main content of the German summary.)
Section 3 : is a Video in which she warns of the Criminal Consequences of participating in the inoculation program (with English Subtitles).
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9. Summary
1. A substance may only be used for the manufacture of a medicinal product if the intended use is either described in a monograph in accordance with the pharmacopoeia in a monograph, or extensive additional studies, including toxicity studies and clinical studies are submitted for the new new excipients.
2. The sense and purpose of all German and European pharmaceutical regulations is the protection of people through the quality, safety and efficacy of medicinal products.
3. EMA [the European Medicines Agency] has imposed special conditions on BioNTech – particularly with regard to the two lipid nanoparticles, ALC 0315 and ALC 0159 in particular, as these are novel adjuvants for the Comirnaty vaccine and used for the first time on humans and in a novel way.
4. The corresponding special conditions of the EMA (specific obligations SO2, SO4, SO5) for these novel adjuvants had to be fulfilled by Biontech by July 2021.
5. Both the EMA report on the extension of the conditional marketing authorization in October 2021 as well as the safety data sheet of Pfizer for Comirnaty dated 7.12.2021 show that these conditions have not been fulfilled and that the required documentation is not available. It says: “No data available”.
6. This is a violation of the principles of good manufacturing practice and thus also a a violation of the recognized pharmaceutical rules in the sense of § 8 para. 1 no. 1 AMG. According to this, it is forbidden to bring medicinal products into the market such that “by deviation from the recognized pharmaceutical rules, their quality is not insignificantly reduced”.
7. The quality is already reduced by the fact alone that two essential ingredients contained in Comirnaty are not intended for use in or on humans and are therefore considered “novel excipients” for which special documents and evidence must be provided.
8. In addition, lipid-related impurities in the vaccine are already documented in EMA’s registration dossier. Impurities of the vaccine are documented. These impurities are likely to increase in the light of further information on the reduction in filtration processes of the adjuvant nanolipid ALC-0315, these impurities may have even increased. With the reduction of the filtering processes, the marketing authorization holder would also violate S02, SO4 and SO5 of EMA in the marketing authorization notice.
9. Finally, according to the safety reports of the Paul Ehrlich Institute, the vaccine shows an alarming number of harmful effects that far beyond what is “justifiable” according to medical science.
10. Due to this fact, there is furthermore a violation of § 5 para. 1 AMG namely, a violation of the prohibition of the marketing and use of questionable medicinal products. Thus, not only the manufacturers but also the vaccinating physicians, as well as all persons responsible for a vaccination with Comirnaty are subject to the regulations of the Medicinal Products Act.
11. Violations of § 8 AMG and § 5 AMG are classified as criminal offenses according to § 95 para. 1 no. 1 and no. 3a and are punishable by up to 3 years’ imprisonment. Negligent commission is also punishable, § 95 para. 4 AMG.
12. A particularly serious case of this offense with imprisonment of up to 10 years if another person is exposed to the risk of death or serious injury to body or health, § 95 (3) No. 2 AMG. In this case is the manufacture, distribution and use of the vaccine Comirnaty contrary to the prohibitions of §§ 5 and 8 AMG. is intentionally realized.
13. Furthermore, vaccination may not be carried out in the case of allergies to a component of the vaccine. Therefore, all persons to be vaccinated must be tested in advance for a possible allergy to one of the components in order to exclude any contraindication to the vaccination.
14. Therefore, a person may not be vaccinated until he or she has been tested for tolerance to each of the components of the vaccine with respect to allergic compatibility and the tolerance to all components of the Comirnaty vaccine has been medically confirmed.
15. Until then, vaccination with the Comirnaty vaccine must be prohibited due to the possibility of a serious health hazard.
16. An infringement not only violates the aforementioned provisions of the Medicinal Products of the Medicines Act, but also other principles of general criminal law.
17. All statements also apply to the vaccine Spikevax from MODERNA!
Dozens of prominent German actors have banded together as part of the “allesaufdentisch” (everything on the table) freedom of expression campaign to demand a more open discussion on the Corona virus and the controversial government policies, rules and regulations. Their statements were posted in the form of short videos on YouTube. (4)
the group of leading actors, performers, artists state: “We are watching the development of political action in the Corona crisis with increasing concern. Many experts have not yet been heard in the public Corona debate. We would like to see a wide-ranging, fact-based, open and factual discourse and also an equally wide-ranging discussion of the videos.” (4)
Each actor posted a YouTube video criticizing the current suppressive policies. (4)
The site was started in September by actor Volker Bruch and others (3)
Two videos were deleted by YouTube for allegedly spreading Covid “misinformation”. (1) and reasons such as “violating community guidelines.” (4)
Specifically, it is about the videos with the titles “Fear” and “Incidence”. In “Angst”, the actor and cabaret artist Gernot Haas speaks with the neurobiologist Gerald Hüther. For several years, Hüther was on the advisory board of the online magazine Rubikon, which is criticized for spreading conspiracy ideologies. In the second video concerned, the singer and songwriter Jakob Heymann interviews the mathematician Stephan Luckhaus, who left the National Academy of Sciences Leopoldina in the course of a rejected critical contribution to the lockdown. (6)
German national leading daily Bild below reported on YouTube’s controversial removal of the videos: “YouTube is not a truth commission that decides what is right and what is wrong,” (4)
According to attorney Steinhöfel, who is part of the campaign himself in conversation with actor Wotan Wilke Möhring on the subject of freedom of expression, legal steps were taken on Monday morning. The deletions are unlawful and “a new dimension in the violation of the law by YouTube”. (6)
Significance
This is a case that challenges whether a private company may censor the the right of people (and in this case experts) to freely express their views and opinions. It also challenges the assumption that opinions against the official covid narrative, even those from experts may be called “misinformation.”
Plaintiff’s Argument
…More information needed…
Defendant’s Argument
…More information needed…
Decision
The court ruled that YouTube must restore the 2 deleted videos. (1)
YouTube did not tell the channel operators precisely enough which passages in their opinion violated which provision of their guidelines, a court spokeswoman said on Monday when asked. (3)
The Cologne Regional Court issued an injunction, ruling that YouTube’s deletion of the videos was illegal,” reported Bild, which has a copy of the court order.(5)
“According to the court, the deletion of the videos in which the artists interviewed Leipzig mathematics professor Stephan Luckhaus (68) and neurobiologist Gerald Hüther (70) was ‘unjustified’.” (5)
According to Bild: “YouTube did not explain which specific statements were classified as problematic” and that “the artists were not informed which passage of the video is said to have violated the guidelines”. (5)
YouTube is obligated to specify precisely what the problem is, and cannot rely on vague reasons, the court rules. (5)
Bild adds:
Even more: YouTube was only allowed to delete videos in the case of ‘an obvious, at first glance recognizable medical misinformation’ without naming concrete problematic passages. In the case of the deleted videos of #allesaufdentisch, however, it is a matter of ‘longer videos’ that ‘also contain a large number of clearly permissible statements.’” (5)
Aftermath
The platform company is now filing an objection.
Lawyer Joachim Steinhoefel was delighted by the Cologne Court ruling, and told BILD: “The Civil Chamber 28 of the Regional Court of Cologne has made it clear to the censorship machinery of the monopolist YouTube within hours that constitutional boundaries have been crossed here.” (5)
Some members of the group of actors spoke to Bild on their motives behind the government critical videos: “We are trying to talk to people. That’s democracy. To erase our voices is the sad opposite of that.”(5)