The Berlin-Brandenburg Higher Administrative Court has rejected an urgent application against the 2G regulation in the Brandenburg retail sector.
In a decision of December 30, the court refused to suspend the 2G regulation, which came into force as part of the Second SARS-CoV Containment Ordinance of November 23. The Berlin-Brandenburg Higher Administrative Court announced on Thursday.
The applicant, who among other things operates several branches in the textile retail trade in Brandenburg, pointed out that there was no basis for authorization to check the vaccination and identification documents of customers.
Control obligation disproportionate
The trading company also argued that the control obligation was disproportionate, the risk of infection in the retail trade was comparatively low and the regulation was not on an equal footing, as other retail areas such as bookstores, garden centers and grocery stores were excluded from the 2G regulation.
According to the court, the Infection Protection Act provides for regulations on the submission of vaccination and convalescence certificates as well as restrictions on retail operations and therefore offers a sufficient legal basis for regulating a duty of inspection by retailers. The disputed regulations are also “probably proportionate”.
In addition, the 2G regulation is appropriate due to the current infection rate and the burden on the health system. The excluded retail areas are not affected by the regulation, as they are responsible for meeting basic needs. The decision is final, so the announcement.
Different 2G judgments from Berlin to Bavaria
In the meantime, different rulings have been made in other federal states to suspend the 2G rule. The Bavarian Administrative Court ruled last week that clothing stores belong to the coverage of daily needs and are therefore not subject to the regulation. The administrative court in Regensburg also came to this decision.
In Berlin, the department store chain Galeria Karstadt Kaufhof failed with an urgent application to the administrative court before Christmas and the higher administrative court in Münster also ruled in an urgent decision that the regulation in retail in North Rhine-Westphalia is legal. The department store chain Woolworth had sued.
This jurisprudence has previously existed for 2G in Germany