The 2G regulation in retail in North Rhine-Westphalia is legal after an urgent court decision. As the Higher Administrative Court announced on Wednesday in Münster, it is justifiable that only those vaccinated against Corona and Genesis have access to many shops. The country can assume that the rule will help protect the life and health of the population and avoid overloading the health system.
The department store chain Woolworth had sued, which was unsuccessful with its urgent application against the country’s Corona Protection Ordinance. Shops with daily needs such as supermarkets, grocery stores and drug stores are exempt from the tightening of the Corona rules. Woolworth offers a mixed range of textiles and household items for everyone. The decision is not contestable (Ref .: 13 B 1858 / 21.NE)
Woolworth argued that there is no significant risk of infection in retail. The existing hygiene concepts would oppose this. There is an unjustified unequal treatment in relation to the retail trade, which is excluded from the rule. The OVG did not agree with this. According to the court, it was objectively justifiable that the state had exempted transactions in goods for basic needs from the restricted access.
Nationwide, there have been different decisions by the higher administrative courts in the past few weeks. The OVG in Schleswig-Holstein had declared the rules for the state to be lawful on Tuesday after a Woolworth lawsuit. In contrast, the Lower Saxony OVG has overturned the 2G rule in retail in the state. The court decided on Thursday that the measure is not necessary to further contain the coronavirus and is not compatible with the general principle of equality. (dpa)
