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The administrative court of Berlin has annulled the curfew in the capital that was decided by the Senate because of the crown pandemic. Eleven bars that have complained about this can now temporarily reopen at night. However, they are not allowed to serve alcohol after 11pm.
In fact, the curfew is about to end. The hotel and restaurant association Dehoga hopes that all restaurants in Berlin will remain open as usual. According to the association, urgent requests have also been made against a ban on serving alcohol after 11 p.m. Formally, however, there is no third-party effect for other pubs and restaurants and so little for Spätis and other shops, said a spokesperson for the court to the Tagesspiegel.
The state can also file a complaint against the decisions with the Superior Administrative Court. Economic Affairs Senator Ramona Pop (Greens) announced that the Senate will now examine the reasons for the ruling and advise on how to proceed. At the same time, he called on the catering industry to act responsibly: “I now call on all innkeepers to remain responsible and pay close attention to the hygiene concepts presented.”
On Tuesday of last week, in the context of a significantly higher number of infections, the Senate decided that restaurants, bars, pubs, and most stores should be closed between 11 p.m. and 6 a.m. in the future. The new regulation came into effect last weekend.
No curfew required for “meaningful control” of the pandemic
Several restaurateurs had filed two urgent motions against the regulation. According to lawyer Niko Härting, a total of eleven Berlin restaurants had opposed the curfew. They criticized the measure as disproportionate. From his point of view, there is no compelling reason for restaurants to close at 11 pm With a gastronomy curfew, young people would gather in other places for which hygiene concepts do not apply, was the argument.
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The court did not consider that proportionality was maintained. The measure pursues the legitimate goal of curbing the spread of the corona virus and avoiding overloading the healthcare system, the court said Friday morning. A curfew was also “possibly adequate”, as stated. “However, on summary examination, it is not clear that the measure is necessary for a meaningful fight against the infection process.”
Hygiene concepts and a nightly alcohol ban are enough
The court finds that the more lenient measures the Senate has imposed on restaurateurs are enough to reduce the risk of infection in bars. Specifically, it names the existing hygiene concepts and also the ban on serving alcoholic beverages.
The restorers did not question either of these in their urgent requests, and both remain in place. For this reason, there is also no risk of alcohol-related “disinhibition” after 11 pm, the court ruled. In general, it cannot be assumed that restaurant owners do not meet these requirements.
Court: RKI data shows no danger from restaurants
Above all, the court lacked quantifiable evidence that a curfew was necessary to contain the pandemic. Therefore, data from the Robert Koch Institute (RKI) did not provide any evidence that restaurants had a “significant role” in the infection process according to applicable hygiene and protection standards.
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In its announcement, the court speaks of a “subordinate importance of the contagious environment in restaurants”, whereby a curfew is a disproportionate interference in the professional freedom of restaurateurs. Only the best control of a curfew could not be used to justify the measure. The camera is also allowed a hit: First, the control of hygiene measures and the prohibition of night alcohol are “priority”.
FDP requests a statement from the government of Michael Müller
In view of the decision, the Berlin FDP parliamentary group demanded a government statement from Mayor Governor Michael Müller (SPD) at a special session of the House of Representatives. “We can consider ourselves fortunate that an active civil society is critically questioning any form of restriction of freedom,” said the leader of the parliamentary group Sebastián Czaja. Any restrictions on freedom must be discussed in parliament. “Let’s bring the people and their representatives back to the table.”
The CDU also has a table in mind, but a round table for the restaurant sector. The senate should meet, demanded the president of the middle-class association, Christian Gräff, and the club’s political spokesman, Christian Goiny. (with dpa)
