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Status: October 15, 2020 9:04 pm
The Lower Saxony Higher Administrative Court in Lüneburg has declared the state ban on accommodation for travelers from the German Crown hotspots illegal in an emergency procedure.
After Baden-Württemberg, Lower Saxony’s highest administrative court has temporarily lifted the accommodation ban. The decision was final, the court announced Thursday in Lüneburg. A Harz hotelier had complained. Hotels and pensions no longer have to adhere to the corresponding ordinance “with immediate effect,” a court spokeswoman said. Holidays in Lower Saxony are again possible without restrictions.
The ordinance impermissibly interferes with freedom of occupation
Therefore, the state ordinance is illegal because the prohibition is not specific enough. Therefore, it covers people “from” risk areas without specifying whether they should have a place of residence there or whether a short stay is sufficient. Furthermore, the accommodation ban in Lower Saxony does not constitute a protective measure under the infection protection law and inappropriately interferes with the occupational freedom of operators of accommodation providers protected by the Basic Law, the court ruled.
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Many doubts about the regulation
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 areas. Although the regulation provided for a number of exceptions, for example after submitting a negative corona test, it remained doubtful whether the ban was adequate and necessary, according to the ruling.
The state government wants to draw conclusions
Lower Saxony’s Health Ministry announced for the first time on Thursday that the state government was taking note of the decision. Subsequently, Prime Minister Stephan Weil (SPD) declared that the court’s decision would be analyzed and then the consequences would be drawn. The head of government defended the accommodation ban, which had become necessary because other countries had gone ahead with travel requirements. The ban was never intended: “The circumstances led us to it,” Weil said. From the point of view of the FDP in the state parliament, the Lüneburg judges have corrected a “shameful and serious” mistake made by the state government.
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Althusmann: Ban practically failed
Lower Saxony’s Economy Minister Bernd Althusmann (CDU) commented clearly on the ruling. A national and area-wide accommodation ban had “practically failed,” Lower Saxony told NDR 1. “A mosaic of adaptation rules is of little use to face the pandemic,” continued the minister. In Saxony and Saarland, the respective state governments announced on Thursday that they also wanted to waive a housing ban. Althusmann asked the guests at the access points to check if they could postpone their trip.
Dehoga responds with relief
The Lower Saxony hotel and restaurant association (Dehoga) reacted with relief to the ruling. Dehoga’s managing director for the Lüneburg district, Hans-Georg Frieling, welcomed the decision of the Higher Administrative Court. Frieling told the NDR in Lower Saxony that the damage from the fall holidays was already considerable. However, the hospitality industry is expected to be able to use the remaining vacation days to itself, Dehoga CEO Rainer Balke said. It is not known whether the damage that has already occurred can still be offset, Balke said.
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