According to a decision by the Berlin Administrative Court, people who have only been vaccinated once with the corona vaccine from Johnson & Johnson are considered fully vaccinated. A different regulation by the Paul Ehrlich Institute (PEI) is illegal, the court announced on Friday.
The complaint of a woman who had been vaccinated with the vaccine in October 2021 was successful in the urgent procedure. According to the court, it is now considered fully vaccinated again, although not boosted. The decision can be appealed to the Berlin-Brandenburg Higher Administrative Court. (Ref. VG 14 L 15/22)
The federal and state governments have already agreed that the determination of the vaccination status should no longer be delegated to the PEI. The criteria for vaccinations with Johnson & Johnson were set by the institute last January and changed in the protective measures exception ordinance. Thus, a single vaccination with the vaccine for the primary immunization was no longer sufficient.
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According to the decision of the Berlin administrative court, the federal government must make such decisions itself. Due to the provisions of the Infection Protection Act, such tasks cannot be transferred to the Paul Ehrlich Institute.
The Schleswig-Holstein administrative court had also expressed such concerns about a week ago in an urgent procedure. However, the judges there ruled in the case of a married couple that someone who had only been vaccinated once with the Johnson & Johnson vaccine was not entitled to a fully vaccinated certificate.