Clothing stores in Bavaria, like bookstores or flower shops, serve to “cover daily needs” and are therefore not subject to the 2G rule. The Bavarian Administrative Court decided on Wednesday. The decision is final.
At the beginning of December, the state government decreed that only those who had been vaccinated and those who had recovered had access to the Bavarian retail trade. Shops “for daily needs” are excluded. Clothing stores are not listed as an exception in the regulation.
According to the judgment of the judges, however, they too are exempt from the 2G rule, “because their importance for the general public does not take second place to that of shoes, books, cut flowers or gardening tools and the need for clothing can arise on a daily basis”.
Clothing stores are not subject to the Bavarian 2G rule
The administrative court therefore rejected the urgent application of a clothing company against the 2G rule as inadmissible: clothing stores were not subject to the restriction anyway.
Before Christmas, the judges had made it clear that toy shops were also exempt from this. How important and urgent a daily requirement has to be so that the business is not subject to the 2G regulation cannot be inferred from the text of the regulation or the justification. In addition to grocery stores and pharmacies, the regulation names, among other things, book and flower shops, garden markets and Christmas tree sales.
The Bavarian Trade Association reacted with satisfaction, but would have wished for clarity earlier. In the important Christmas business, sales in Bavarian clothing stores fell by 30 to 40 percent compared to 2019, “because unvaccinated people were not allowed in and others were deterred by the long queues” in front of the 2G controls, said spokesman Bernd Ohlmann. (dpa)
This jurisprudence has previously existed for 2G in Germany