The department store chain Galeria Karstadt Kaufhof failed in Berlin with its urgent application against the 2G rules before the administrative court. The court announced on Thursday that the regulations with which the continued high number of infections, primarily unvaccinated people, and the increasing incidence of the highly contagious virus variant Omikron are reacted to, are proportionate. They served a legitimate goal of protecting against the spread of the coronavirus. These access rules will remain in effect for the time being after the urgent decision.
According to the Berlin Corona Regulation, department stores, among other things, are currently only allowed to open under the 2G condition. That means, visitors: inside must either be vaccinated or recovered, the whole thing must be checked by the shops. According to the court, the chain saw the regulations as a “disproportionate interference with the freedom of occupation”. Furthermore, she alleged a violation of the principle of equal treatment.
Court: 2G condition is suitable
The court pointed out that the infection rate should be slowed down and at the same time the burden on the health system as a whole should be reduced. The 2G condition is therefore suitable for promoting this goal because it reduces the risk of infection that also exists in retail. There are currently no milder funds available. In addition, the restriction only affects a minority of the population living in Berlin. An appeal against the decision is possible at the Higher Administrative Court of Berlin-Brandenburg.
A corresponding urgent application in Hamburg had also failed. In Lower Saxony, however, a court provisionally overturned after a lawsuit by the department store chain Woolworth 2G in the retail sector. The applications refer to the respective state regulations. (dpa)