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Courts in Germany are gradually unraveling the crown’s measures – the accommodation ban for guests of the crown’s hot spots has now been temporarily stopped in Brandenburg. Only four countries remain that adhere to the ban.
The Higher Administrative Court of Berlin-Brandenburg has initially stopped the accommodation ban in Brandenburg for guests of Corona hotspots. The court had granted two urgent requests, he said overnight.
Therefore, the ban on overnight stays in hotels, pensions, holiday apartments and camping sites has been temporarily suspended for visitors from regions of Germany with more than 50 new infections per 100,000 inhabitants in a week. A hotel and a vacation rental landlady had appealed against the regulation with urgent requests. One of the applicants also filed a lawsuit.
Court: The ban is likely to be disproportionate
The court justified the decision that the accommodation ban is likely to be disproportionate. The expected containment of the infection rate is out of proportion to the restrictions that the hotel and the owner would have to accept. Vacationers’ general freedom of action, which is protected by the constitution, is also severely restricted.
After an unsuccessful agreement between the federal and state governments on a ban on lodging for guests from Corona hotspots, Brandenburg initially sided with it. The ban did not apply if a visitor could submit a negative corona test that was not older than 48 hours. Excursions, shopping or visits were also excluded.
National courts revoke the ban
The administrative court of Baden-Württemberg issued an urgent complaint against the accommodation ban on Thursday and deemed the curtailment of the fundamental right to freedom of movement disproportionate. The Lower Saxony Higher Administrative Court also declared the regulation illegal in an urgent procedure. Saxony and Saarland voluntarily canceled the rule. In Bavaria there is no longer a ban on accommodation from Saturday. Like Thuringia, Berlin had waived the ban anyway.
The higher administrative courts of Schleswig-Holstein and Hamburg, on the other hand, dismissed urgent requests against the ban. Mecklenburg-Western Pomerania has strictly adhered to it to this day. Prime Minister Manuela Schwesig has only expressed her willingness to relax the regulations that are particularly strict in her country. In Saxony-Anhalt, the regulation applies to tourists from the risk areas of Corona, with the exception that they can present a negative test that is not more than two days old.
Dehoga warned of great losses
The Brandenburg Hotel and Restaurant Association (Dehoga) had questioned the ban and warned of significant financial losses due to the cancellations. The State Tourism Association noted that with more than seven million overnight stays since the beginning of the year, there is no evidence of an increased risk of contagion in accommodations.
Brandenburg Prime Minister Dietmar Woidke (SPD) defended the regulation. He regretted that it coincided with the autumn holidays in Brandenburg and Berlin, but from his point of view as much physical contact as possible should be avoided.
