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The Bavarian Administrative Court has annulled the complete closure of the gyms.
The total closure violates the principle of equal treatment, the court ruled in a ruling published on Thursday. The corresponding regulation in the Bavarian state ordinance is suspended.
In its decision, the Senate assumed that gym owners would be harmed by the existing regulation, without this being objectively justified.
Because the use of other recreational sports facilities is allowed alone, as a couple or with members of the household, in accordance with the restrictions on individual sports in force from November 2, 2020.
Legal remedies are not possible.
With the decision, the judges only partially confirmed the urgent request of a gym operator. The court rejected the operator’s request for the cancellation of the remaining restrictions in the individual sport. The current contagion process justifies the restrictions, even if the economic activity of sports companies is severely restricted.
