A retail chain failed before the Hamburg Administrative Court in an attempt to overturn the 2G rule that applies in the Hanseatic city. The judges decided on Tuesday that there were “no major legal concerns” against the temporary application of the 2G access model. (File number 21 E 5155/21). The corresponding regulation in the city’s Corona Ordinance is based “on a sufficient legal basis for authorization” and is lawful. The 2G model states that only those who have been vaccinated against Covid-19 or those who have recovered have access.
The court did not want to say which retail chain it is. It is about a nationwide and also in Hamburg active chain that sells “retail products from a mixed range, including drugstore items, stationery and toys, decorative items, jewelry and hardware store items”. When asked, a court spokesman said the applicant was not a department store chain Woolworth. At their request, the Lüneburg Higher Administrative Court temporarily lifted the 2G rule in Lower Saxony’s retail trade last Thursday.
The administrative judges had to clarify whether the exceptions to the 2G obligation mentioned in the Corona Ordinance, such as food retailers, drug stores or beverage and hardware stores, also apply to the retail chain concerned. The judges denied that. It does not matter whether a retailer sells predominantly such products in total. Rather, it is “decisive that the focus of the range (more than 50 percent)” is composed of one of the product groups that allow exceptions to the 2G access rule. (dpa)