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Friday 23 October 2020
The ban on accommodation in Germans’ favorite holiday regions creates a lot of bad mood at the beginning of the autumn holidays. At the end of the Christmas season, the controversial rule also falls in Schleswig-Holstein. Illegal, say the judges. Only two federal states adhere to it.
The higher administrative court of Schleswig-Holstein overturned the ban on tourists at Corona hotspots. The Schleswig court classified the regulation as illegal. In an urgent procedure at the request of two Rostock hotels, it declared the suspension of the regulation until a decision was made on the main issue. This decision is generally binding, so everyone can consult it. This must also be observed by the courts and authorities in the future. The decision is final (Az. 3 MR 47/20). Schleswig judges followed court decisions in other federal states.
“The decision was motivated by the urgent need to protect themselves from serious economic disadvantage for the accommodation providers in the country,” explained OVG. This also includes the resorts or hotels operated by the two applicants in Travemünde, Grömitz and Sylt. After a summary examination, it can be assumed that the standards review request will be generally successful. Under the previously applicable accommodation rule, tourists from areas with high corona numbers, from 50 new infections per 100,000 inhabitants in seven days, can only stay in hotels or holiday apartments in the north if they present a negative test that does not has more than 48 hours.
According to the OVG, this violates the principle of equal treatment enshrined in the Basic Law. In light of the latest findings from the Robert Koch Institute, the spread of the coronavirus is increasing in private homes and in private gatherings. Infections in hotels are quite rare. In these circumstances, the prohibition that only applies to the arrival of guests to the accommodation for tourist purposes turns out to be an unjustified disadvantage compared to those who come for purposes other than tourist, but also private: visiting family, exercising custody and access rights. or to care for vulnerable people. Furthermore, unlike private rooms, hotels have adequate hygiene concepts, so staying there is “not (significantly) the cause” of the spread of the virus.
Kiel: We take note.
“The state government takes note of the OVG’s decision and will include it in its future opinion formations,” said government spokesman Peter Höver. On October 15, the OVG had confirmed the so-called accommodation ban in another emergency procedure. Without the ban, tourists from risky areas could enter the country uncontrollably, Schleswig’s judges argued at the time. In the state government made up of the CDU, the Greens and the FDP, the Liberals this week had dropped the ban on tourist accommodation in Corona hotspots and were demanding an end. As things stand so far, the heads of the Jamaican coalition wanted to pursue the issue on Monday.
The accommodation ban now only applies in Saxony-Anhalt and Hamburg. Here, travelers from risky areas must still submit a negative test to enter. In all other federal states, the rule was not enforced at all (North Rhine-Westphalia, Rhineland-Palatinate, Thuringia, Berlin, and Bremen) or has since been overridden by state governments (Saarland, Saxony, Bavaria and Hesse) . In Baden-Württemberg, Lower Saxony, Brandenburg and Mecklenburg-Western Pomerania, the courts reversed the controversial measure.
