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The Salzburg Chamber of Labor has filed a lawsuit with the Bavarian Administrative Court due to weekly crown tests for travelers. From a legal point of view, there are two main points: on the one hand, the Bavarian regulation contradicts EU law, on the other hand, it is also unconstitutional because there is no legal basis in Germany’s Infection Protection Law, reported AK on a broadcast Tuesday afternoon.
More than 4000 travelers affected
In Salzburg alone, around 4,000 employees and several hundred schoolchildren are affected who have to cross the border into Bavaria every day to go to work or class. Since the beginning of November, they have had to get a crown test once a week. This is free, but sometimes it takes a long time. Thus, the AK has assumed legal protection on behalf of a traveler and, with the help of a Bad Reichenhall law firm, submitted an urgent so-called rule control request to the Bavarian Administrative Court.
There is no legal basis for regulation.
According to the request, the regulation contradicts EU law: there is no factual differentiation criterion for the fact that employees who come from a foreign risk zone are treated differently from employees who go to work in a zone of national risk in Bavaria. And it is also incomprehensible that people from Bavaria can stay outside the Free State for 24 hours without being subject to the obligation of proof, but that this rule does not apply to travelers from Salzburg.
Furthermore, from the perspective of the Bavarian law firm, the entry quarantine regulation has no legal basis in Germany’s Federal Infection Protection Act. Therefore, this contradicts the German Basic Law and is unconstitutional.
14 hours of effort for corona tests
The Chamber of Labor also outlined a specific case: An Oberndorf man who does not have a car or driver’s license usually heads to work from Oberndorf via the Salzach to neighboring Laufen by bike or on foot. For the round trip from the corona test to the distant corona test, you now depend on public transportation. Including waiting times and tests, you currently need three to three and a half hours a week or 14 hours a month. Therefore, AK assumed legal protection on behalf of the company.
(Those: APA)
