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Status: 19.12.2020 10:07 am
After the Lüneburg High Administrative Court suspended the ban on fireworks established in the Crown Ordinance, the state government wants to make improvements.
The ban should be legally safe. However, the nationwide sales ban on fireworks would continue to apply regardless of this. The Federal Council decided on Friday.
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Court: prohibition too general
The Higher Administrative Court had revoked the national ban on burning fireworks. Such a comprehensive ban is not necessary as a protection measure against infection, he said in a message from the Higher Administrative Court in Lüneburg on Friday. The current version of the Lower Saxony regulations prohibits in paragraph 10a not only the sale, but also the transport and burning of fireworks and other pyrotechnic objects. In the court’s opinion, lighting a rocket does not require close contact between people. According to the court, a ban limited to public places could also be just as effective. In addition, the court criticized the fact that the country wanted to ban all types of fireworks, including sparklers and peas.
The plaintiff files an urgent request
The ban on firecrackers should apply nationwide until January 10, 2021. On Wednesday, a person from Lower Saxony filed a lawsuit with a request for control of standards. She had argued that banning fireworks was not a necessary infection control measure. In particular, it does not need to be comprehensively extended to all types of fireworks and all locations.
No “legitimate target under the infection protection law”
The OVG 13th Senate approved this request. In the judges’ opinion, infection protection measures can only pursue “legitimate objectives under the infection protection law”, for example, protecting the population from a Covid infection and avoiding overloading the health system. However, this does not include the hazards that would result from handling fireworks. Therefore, the ban on firecrackers is not appropriate, not necessary, and also not adequate to achieve the objectives of the infection protection law.
Firecracker injuries do not tie up hospital capabilities
Dealing with fireworks has led to numerous injuries in the past, especially on New Year’s Eve. This is to be expected this year too. However, these short-term treatment capabilities did not reduce the capabilities needed to treat Covid-19 patients.
Dish: sparklers do not cause build-up
Also, a total ban on all types of fireworks is not necessary, the judges argued. For example, sparklers, peas, and tabletop fireworks would not have the potential to bring large numbers of people together. For a national ban on fireworks, that is, not just a ban on high-public places, the state of Lower Saxony had also failed to come up with any convincing justification.
Large fireworks are still prohibited
It is clear that the ban has serious negative economic effects on fireworks manufacturers. Furthermore, the general freedom of action suffers. According to the OVG, the decision on the urgent application is indisputable. Large public fireworks are still banned.
More information
Crown in Lower Saxony – current reports
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