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The Berlin Senate fails for the moment by contradiction: restorers can open
| Reading time: 4 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. The Superior Administrative Court must now decide whether eleven restaurateurs who have gone to court can still open longer today. In Hamburg and North Rhine-Westphalia, however, a curfew was imposed today.
reThe Berlin Senate initially failed in an attempt to enforce the curfew in the capital. A spokeswoman for the Higher Administrative Court of Berlin-Brandenburg announced on Friday. The Senate had requested a so-called interim ruling. The main decision is still pending.
The Berlin Administrative Court had previously ruled that bars and pubs, among other things, could reopen after 11pm, but they were still not allowed to serve alcohol from then on.
Due to the significantly higher number of infections in the last week, the Senate decided that restaurants, bars, pubs and most stores should be closed between 11 pm and 6 am The regulation went into effect last weekend.
The court agreed with eleven restaurateurs
Eleven restaurateurs had submitted urgent motions against the regulation to the administrative court. According to lawyer Niko Härting, you criticize the curfew as disproportionate. From his point of view, there is no compelling reason for the restaurants to close at 11 p.m., which the Senate had ordered a week ago. With a gastronomy curfew, young people would later meet in other places for which hygiene concepts do not apply, hence the argument.
The Senate noted that only the eleven restaurateurs could refer to the decision. The hotel and restaurant association assumed Friday that many inns would be open longer.
The court previously ruled that the curfew had 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.
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 requests have also been made against the prohibition of alcohol between 11 pm and 6 am, 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.
Federal Minister of Health Jens Spahn regrets the court decision. The decision of the Berlin Administrative Court reminds politicians that all measures to contain the pandemic must be well justified, says the CDU politician.
Strong criticism came from Neukölln City Health Councilor Falko Liecke (CDU). “I fear bad things, that is, there will be a recovery effect,” Liecke said on Friday. In view of the decision, people might conclude that the situation is not so bad and therefore “give it all again.”
Green politician Volker Beck, among others, voiced criticism of the ruling. 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.
Closing time in Hamburg and some NRW municipalities
A few hours after the verdict, the states of Hamburg and North Rhine-Westphalia imposed a curfew. In the Hanseatic city, all shops have to close at 11 pm from Saturday. The curfew is valid until five in the morning, announced the Senate of the Hanseatic city. During this period there was also a general ban on the sale and distribution of alcoholic beverages.
In North Rhine-Westphalia, a gastronomy curfew will be introduced in all municipalities with 50 or more new infections per 100,000 inhabitants within seven days. The state cabinet decided on Friday in Düsseldorf. The curfew is until six in the morning. Among others, Cologne, Düsseldorf and much of the Ruhr area are affected by the measure. In Cologne and Düsseldorf there is a curfew from one o’clock.
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