An operator of three fashion houses has achieved success before the administrative court in Frankfurt with an urgent application against the 2G rule in Hesse. According to the court’s decision, which was delivered on Monday, she can initially conduct her business without applying the 2G rule, as a court spokeswoman announced on Monday. (5L 182/22.F)
The applicant had argued that it was incomprehensible why not only businesses providing acute care for the population such as pharmacies, drugstores, petrol stations, but also garden centers and flower shops are exempt from the 2G rule, while clothing and fashion shops should not be included in the basic supply.
In the decision, which is not yet final, the Chamber of the Administrative Court came to the conclusion that the applicant’s fundamental right to equal treatment had been violated by the Coronavirus Protection Ordinance. The regulation does not provide sufficient certainty as to which stores should fall under the 2G access restriction. The court asserted that in the social security code, clothing was mentioned as a standard requirement to secure a living, in addition to nutrition, personal hygiene and household effects.
The Hesse trade association welcomed the court’s decision and saw its arguments against the 2G rule as confirmed. “It’s reassuring that reason can be sued in court,” said Jochen Ruths, the association’s president. The state government must take this ruling as a further signal and generally end 2G for retail. (dpa)