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Administrative court overturns Berlin curfew: ruling initially only applies to eleven hosts
| Reading time: 3 minutes
“We have suspended the curfew in an emergency procedure”
The administrative court of Berlin has annulled the curfew in the capital that was decided by the Senate because of the crown pandemic. Several restaurateurs had filed urgent requests against the regulation.
The curfew in the capital is illegal. The Berlin Administrative Court reaches this judgment. Several restaurateurs had been upset by the forced closure and went to court. The decision initially only applies to the eleven plaintiffs.
reThe administrative court of Berlin has annulled the curfew in the capital that was decided by the Senate because of the crown pandemic. The decision initially only applies to the eleven applicants, as the court announced on Friday upon request. Several restaurateurs had filed urgent requests against the regulation.
According to lawyer Niko Härting, you criticize the curfew as disproportionate. From their point of view, there is no compelling reason for restaurants to close at 11 p.m. With a gastronomy curfew, young people would later gather in other places for which hygiene concepts do not apply, hence the argumentation.
The court has now ruled that the curfew has the legitimate purpose of slowing down the rate at which Covid-19 spreads. However, it is not clear that the measure is necessary “for a remarkable fight against the infectious process.”
As justification, the judges refer to data from the Robert Koch Institute, according to which restaurants would not have had such a significant participation in the infection process under the protection and hygiene measures that have been implemented so far. In addition, the Senate has already introduced a ban on serving alcohol after 11 pm to contain the pandemic. This ban continued and was not contested by restaurateurs, as a spokesperson said.
When asked, a court spokesman declined to confirm whether the curfew would also be charged for other restaurants. Appeals against decisions of the administrative court can be lodged with the Higher Administrative Court of Berlin-Brandenburg. “If the decision is final, we will have clarity for everyone,” said the court spokesman.
According to Dehoga, there are also urgent requests against the prohibition of alcohol.
The association of hotels and restaurants Dehoga, for its part, assumes that all businesses in the capital will remain open as usual. “We welcome the decision,” said the association’s managing director, Thomas Lengfelder. The industry is already suffering greatly from inconsistent accommodation bans for travelers from Corona’s risk areas. “We hardly have tourists in the city”, that also applies to bars. Urgent petitions against alcohol prohibition have also been filed between 11 p.m. and 6 a.m., according to the association.
Health Senator Dilek Kalayci (SPD) said: “With the ruling, the prohibition of alcohol remains in force, that is an important message. We are still examining how we should proceed. ” Economic Affairs Senator Ramona Pop (Greens) called on innkeepers to continue to adhere to hygiene concepts.
Criticism of the verdict was voiced by the green politician Volker Beck. He tweeted:
Sebastian Czaja, chairman of the FDP parliamentary group in the Berlin House of Representatives, called for a government statement from Governor Mayor Michael Müller (SPD) after the decision. Courts in the capital had already compiled the Senate crown rules on several occasions, including a limitation of the sales area to 800 square meters and general quarantine orders for travelers returning from so-called third countries.
Due to the corona pandemic, a night curfew and stricter contact bans for indoors and outdoors have been enforced since last Saturday. Most stores, as well as all restaurants and bars, had to close between 11 p.m. and 6 a.m.
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