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Friday, November 20, 2020
Tenerife tourist right
Court overturns quarantine requirements at NRW
The high number of infections in North Rhine-Westphalia is falling on the feet of the state government. A court annuls the quarantine obligation for travelers returning from risk areas. Reason: isolation is meaningless if the risk of infection is higher at home than on vacation.
The Higher Administrative Court of Münster annulled the quarantine requirement for foreigners returning from risk areas, which is regulated in the regulations of entry to the Crown of the state of North Rhine-Westphalia. According to the court, the country did not take into account the fact that travelers are at higher risk of infection when they return from countries with fewer infections than at their place of residence after returning home. Therefore, quarantine is currently not a suitable means of containing the corona pandemic in Germany, the court said. The decision is not open to challenge (Az: 13 B 1770 / 20.NE).
Bielefeld’s plaintiff was in Ibiza until November 13 and then traveled to Tenerife. He wants to fly back to Germany on November 22. Because the value of new infections per 100,000 inhabitants in seven days in the Balearic Islands is significantly lower than in Bielefeld, he defended himself against the accusation of being described as suspected of being infected. Under the now-repealed regulation, returnees from foreign risk areas are required to quarantine in their homes after entering North Rhine-Westphalia (isolation) and are not allowed to receive visits from other households for ten days. “The risk of infection emanating from returnees is no different than if they had stayed at home, at least with comparable incidence values,” wrote the Superior Administrative Court in support of the reason. Therefore, the contested regulation is disproportionate. The court summarizes that the revocation of the allegedly illegal rule is also necessary due to the considerable interference in health.
In June, the OVG had already rejected a general quarantine obligation for returnees from non-EU countries with the same impetus and thus overturned a NRW state government regulation for the first time. The Düsseldorf government is urged to “take into account the actual occurrence of the infection and issue a differentiated regulation.” The OVG judges ruled in their first decision that the country is free to identify risk areas based on understandable findings.
