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The joy of a Bavarian gym for its successful lawsuit against infection protection regulations comes to an abrupt end. Shortly after the court decision, the government draws its conclusions: Bavaria will ban all indoor sports from today due to the crown crisis; only school and professional sports are allowed indoors in November.
“The state government prefers a decision that Bavaria would have proposed anyway at the next Prime Minister’s Conference next Monday,” said Secretary of State for Health Klaus Holetschek (CSU) of the dpa in Munich.
Measure by decision to attend fitness studies
The background of the new regulation is a decision of the Bavarian Administrative Court. In reference to the principle of equality, it had lifted the previous closure of the gyms this Thursday because, on the other hand, other sports facilities were open for individual sports.
“The state government naturally respects the decision of the Bavarian Administrative Court and its reasoning. Therefore, by an immediate amendment to the ordinance, it will establish equal treatment of fitness studios and other sports facilities required by the BayVGH by ensuring that all indoor sports facilities in Bavaria as of Friday November 13 will be closed, “said Holetschek. The unfortunately increasing infection situation in Bavaria is forcing new measures to control things. “Protection against infection and the health of our citizens have absolute priority.”
The administrative court granted an urgent request
In its decision on fitness studies, the Bavarian Administrative Court partially granted an urgent request from an owner and suspended the regulation of the Ordinance on protection measures against infections. In its decision, the Superior Administrative Court assumed that property owners would be disadvantaged by regulation without this being objectively justified, a judicial spokesperson said. Therefore, the court considered the complete closure of the gyms to be disproportionate.
According to the Corona Regulation, which is in force since November 2, recreational sports facilities in Bavaria can only be used for individual sports and alone, as a couple or with members of your own household. This regulation should apply to fitness studies as well, the judges found.
