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Protection against a corona pandemic takes precedence over a birthday party

Protection against a corona pandemic takes precedence over a birthday party


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VG Göttingen approves official ban on events

It is certainly not easy to have a birthday during the contact ban due to the Corona crisis and therefore not be able to celebrate. A “birthday child” now wanted to push through a celebration by means of an urgent request and failed with his application to the administrative court.

Even a planned celebration for a milestone birthday is no reason to overturn an official ban on events stemming from the corona pandemic. The administrative court of Göttingen decided this in a decision announced on Tuesday, March 24, 2020, and approved a corresponding general decree on infection protection law issued by the city of Göttingen (file number: 4 B 56/20).

To combat the corona crisis, the city of Göttingen issued a binding decree on March 17, 2020, which among other things prohibits private events with more than 50 participants. The accommodation of tourists was prohibited as well as taxi companies the admission of passengers who show symptoms of illness or come from a risk area. On March 22, the federal and state governments agreed on further restrictions affecting freedom of movement and freedom of assembly.

Urgent application to enforce birthday party

In this specific case, the applicant's urgent application was directed against the decision of the city of Göttingen. He considered this to be formally illegal. In addition, the measures would not contain the SARS-CoV-2 virus. They are therefore not necessary. The ban on events means that he can no longer celebrate his milestone birthday “in large groups”. He had already made concrete birthday plans.

But the decision of the city of Göttingen is formally lawful and also “suitable and necessary to prevent the uncontrolled expansion of the corona epidemic,” says the decision of March 20, 2020. Especially when many people come together, there is a risk of spreading the Disease particularly large. The applicant's interest in having the planned celebrations of his milestone birthday take place must lag behind the protection of human health.

The applicant has lodged an appeal against the decision with the Lower Administrative Court of Lower Saxony, which has not yet been decided.

By contrast, with two decisions taken on March 24, 2020, the Munich Administrative Court temporarily suspended the Bavarian exit restrictions decided on March 20, 2020 for formal reasons (M 26 S 20.1252 and M 26 S 20.1255). The court doubted that the Free State of Bavaria could regulate the exit restrictions by means of a general decree and assumes that the state should have regulated this by ordinance. However, the decisions only affect the applicants. According to the Munich judge, the exit restrictions remain valid for the general public.

Already on March 20, 2020, the Administrative Court had considered the closure of retail stores ordered by Bavaria on March 16 to be permissible and proportionate (file number: M 26 E. 20.1209 and M 26 S 20.1222). fle / mwo

Author and source information

This text corresponds to the specifications of the medical literature, medical guidelines and current studies and has been checked by medical doctors.

Swell:

  • Administrative court Göttingen - Az .: 4 B 56/20



Video: Coronavirus doesnt stop this 3-year-olds birthday celebration (June 2022).