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Another legal setback for a state government in the crown crisis: Lower Saxony’s Higher Administrative Court has outlawed the state ban on accommodation for travelers from German Crown hot spots in an emergency procedure. The court announced that the decision was final. The operator of a holiday park had filed a lawsuit.
Accommodation establishments such as hotels and pensions no longer have to adhere to the relevant ordinance “with immediate effect”, as announced by the Lower Saxony court. A spokeswoman said it could take months to reach a decision in the main process.
No “protective measure necessary under the infection protection law”
The ban was enacted to contain the spread of the coronavirus. This made holiday stays more difficult for travelers from German regions with more than 50 infections per 100,000 inhabitants in seven days. As of Thursday, 54 regions were on the list of affected regions.
The regulation provided for a number of exceptions, for example, after presenting a negative corona test. However, according to the Higher Administrative Court, the ban “was not a necessary protective measure under the infection protection law.” He said it was doubtful that the ban was appropriate and necessary.
The Lower Saxony state government did not initially approve accommodation bans in other federal states, but did so after a few days. Prime Minister Stephan Weil (SPD) justified this by the fact that otherwise the country would have had a special appeal for tourists who were excluded from holidays in other countries.
