Corona measures enforced in Germany such as compulsory masks, safety distance, area limitation, a reduction in the number of visitors allowed and finally the complete lockdown have hit retail, gastronomy and operators of dance schools and fitness studios hard, especially in the first lockdown in 2020.
In North Rhine-Westphalia, some companies did not accept this and complained to the Higher Administrative Court (OVG) for a quick reversal, but were unsuccessful in summary proceedings. However, the companies did not give up and persisted in their complaints. After more than two years, on August 25th and September 22nd, 2022, there will be several oral hearings at the OVG in Münster. A judge from the OVG confirmed this to FashionUnited.
Peek & Cloppenburg and Galeria Karstadt Kaufhof are suing again
Among the suing companies are the Essen department store chain Galeria Karstadt Kaufhof and the Düsseldorf fashion retailer Peek & Cloppenburg, who are fighting against the limitation of their sales area to 800 square meters in the lockdown – these applied to department stores, technology markets and fashion shops. Your complaints will be heard at the second meeting in September.
In a press release dated April 29, 2020, the Higher Administrative Court had already spoken of “open prospects of success”, despite the failed urgent applications. In North Rhine-Westphalia there was a special regulation in the first lockdown: furniture stores – such as Ikea – and baby stores were allowed to remain open. Several retail chains and associations then criticized that such an arbitrary distortion of competition had arisen.