[ad_1]
The Federal Constitutional Court has refused to lift the closure of restaurants. The urgent request from a restaurant operator was unsuccessful. Health protection should have a higher rating.
By Klaus Hempel, ARD Legal Editor
It is the first time since the lockdown that the Federal Constitutional Court has taken a position on the content of the crown-related restrictions. The decision has a signal effect at the national level. With it, the Federal Constitutional Court strengthens the restrictions adopted in all federal states.
The applicant was a cinema operator. There is also a restaurant in the cinema with a total of seven rooms. The operator wants to reopen the cinema and restaurant. The constitutional judges rejected the urgent motion.
With regard to cinema, your request is inadmissible. You have not exhausted the prescribed legal process and must first go to the Bavarian Administrative Court, which has not yet decided anything to close the cinemas. The Munich Administrative Court has already done this with restaurants. The Munich judges approved the ban on the operation in an urgent decision. That is why the request, as far as your restaurant is concerned, is admissible but unfounded.
Health protection has a higher priority
With the provisional closure of the restaurant, there is a serious interference in their freedom of occupation. Instead, keep in mind that the restrictions of the ordinance in force in Bavaria are limited to the end of November. In addition, the affected companies will receive aid of 75 percent of the turnover of the same month last year. The plaintiff has not submitted anything on the fact that, in these circumstances, the existence of its catering business is in jeopardy.
In weighing the consequences, the judges attach great importance to protecting the health of the population. The dangers of the pandemic continue to be taken very seriously. New infections are at a high level and are currently increasing. Therefore, considerable strains are expected on the health system. The reasons for the increase at the national level are currently very diffuse. In most cases, the exact source of infection is unknown. Therefore, it cannot be ruled out that restaurants also contribute to the contagion process.
