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Düsseldorf –
The general decree of the city of Düsseldorf, according to which masks must be worn in all parts of the city, was repealed on Monday (November 9).
According to a ruling of the Administrative Court of Düsseldorf, the mask requirement would have continued to apply. But the city could not have punished the infractions with fines. On Tuesday (November 10) a new regulation should arrive …
Cologne’s lawyer, Jochen Lober, sued the administrative court on behalf of a client against the city’s order. “The current general decree was legally grade 6,” said Lober of the dpa news agency. It was “technically incorrectly worded.” The city was “clearly outmatched.”
Cologne lawyer receives justice from the administrative court
In fact, Lober had appeared directly before the administrative court. This certified to the city that his order was “illegal.” However, this ruling in no way would have released all Düsseldorf residents from the obligation to wear masks on all streets: “The court decision only has effect in relation to the plaintiff. Their duty to wear a mask is suspended every day in the city area, ”the administrative court said. “All other people moving around Düsseldorf must observe the general decree.”
Düsseldorf: The previous ruling could have had huge consequences
What sounds like a minimal defeat for the city administration and the responsible legal department, Christian Zaum, could have had enormous consequences: if they had adhered to the general decree and then also imposed the fines announced in it (usually 50 euros, but theoretically also up to 25,000 euros), then all those affected could have sued and in all probability they were also right.
Zaum therefore pulled the rope at lunchtime Monday and let it be known: “The state capital, Düsseldorf, respects the decision of the Administrative Court of Düsseldorf today, Monday 9 November, on the general elimination of the mask requirement. As a result, the city administration canceled the general decree, which stipulated a daily mask requirement for the entire city area, on Monday today. “
Düsseldorf: the city wants to issue a new general order on Tuesday
So that means to everyone who rejects the masks: Put it down! In any case, only in the short term. Because the city announces: “The city administration will prepare a new general decree on the basis of today’s justification from the administrative court, which is expected to be issued tomorrow, Tuesday, November 10.”
And you can be pretty sure that legal action will be taken against this order again. If a new regulation is “as disproportionate as the old one, we will continue to sue if necessary,” attorney Lober said in any event. Your client “just wants to run outside without a mask” if it’s safe.
Lawyer: Mask when jogging is disproportionate
Before the general mask requirement, the city of Düsseldorf had corresponding regulations for densely populated sidewalks and pedestrian areas. The attorney did not dispute this. But the fact that you have to wear a mask even when running or in the last corner of the city is disproportionate.
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