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In Lower Saxony, the administrative court has temporarily lifted the accommodation ban. The operator of a holiday park had filed a lawsuit. Saxony and Baden-Württemberg had previously lifted the ban.
The Higher Administrative Court of Lower Saxony has declared illegal the ban on accommodation of travelers from the hotspots of the German Crown in an emergency procedure. The Lüneburg court announced that the decision was incontestable. The operator of a holiday park had filed a lawsuit.
Accommodation establishments, such as hotels and pensions, no longer have to comply with the corresponding ordinance “with immediate effect,” according to the court. A spokeswoman said it could take months to reach a decision in the main process.
As justification, the Lower Saxony Higher Administrative Court announced that the accommodation ban “is not a necessary protective measure under the infection protection law”. It is doubtful whether the ban is appropriate and necessary.
54 regions affected by the accommodation ban
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. There are currently 54 regions on the list of affected regions.
The Lower Saxony state government did not initially approve accommodation bans in other federal states, but did so after a few days. Prime Minister Stephan Weil justified this by the fact that otherwise the country would have had a special appeal for tourists excluded from vacations in other countries.
Accommodation ban in Baden-Württemberg is also lifted
Also in Baden-Württemberg, a court previously overturned the accommodation ban. The Mannheim Administrative Court justified the decision on an urgent motion by stating that the ban disproportionately interferes with the fundamental right to freedom of movement and is therefore likely to be unconstitutional.
The urgent request was made by a family from the Recklinghausen district in North Rhine-Westphalia, which is considered a hotspot. He had booked a vacation in the Ravensburg district. The family with their three children claimed to have spent more than 2000 euros on the planned one-week vacation just for the accommodation booked. The accommodation ban makes holidays impossible, so the ban is disproportionate.
The family also affirmed that the possibility of presenting a negative corona test that does not take more than 48 hours discriminates against people from regions with little testing capacity. In previous tests, the family never managed to get a test result in less than 72 hours. In addition, the family has to pay for the test privately, which entails costs of 774.55 euros for the five members of the family.
Saxon government lifts accommodation ban
The Baden-Württemberg administrative court followed the family’s arguments. The purpose and intensity of the intervention are not proportional to each other. Consequently, despite the increasing number of cases, there are no known outbreaks in accommodation establishments, but celebrations are the cause of an increasing number of infections.
Subsequently, Saxony also lifted the ban on accommodation for people at Corona hotspots. However, this was not done by a court, but by the government of the Free State. The restriction will be lifted for vacationers from inland Germany from Corona hotspots on Saturday, State Health Minister Petra Köpping said.
Saxony Prime Minister Michael Kretschmer had previously announced the repeal. The accommodation ban affects people “who have nothing to do with the disease,” he said in Dresden after a meeting with district administrators and mayors. “Design type is not provided.”
