VG Göttingen approves official event ban
During the contact barrier due to the Corona to have a crisis birthday, and can, therefore, not a Celebration of companies, falls can’t be easy. By emergency wanted to now enforce a “birthday child” is a Celebration and failed before the administrative court in support of his application.
A planned Celebration for a milestone birthday is no reason to flip in the course of the Corona-pandemic adopted in official event ban. This has the administrative court of Göttingen on Tuesday, 24 March, 2020, announced a decision to be decided and the appropriate infection control legal General available to the city of Göttingen approved (Az.: 4 B 56/20).
The city of Göttingen had to fight the Corona-crisis at 17. March 2020 prohibits a mandatory injunction, which, among other things, private events with more than 50 participants. The tourist accommodation was prohibited, as are taxi companies, the recording of passengers, the symptoms of the disease or of a risk area. 22. March had the Federation and the Länder agreed on further restrictions affecting the freedom of movement rights, and freedom of Assembly.
Application for a temporary injunction to birthday party to enforce
In the specific case of the emergency application filed by the applicant was aimed against the city of Göttingen. He held this for formally unlawful. In addition, the measures would not contain the SARS-CoV-2 Virus. You are, therefore, not required. The event’s ban meant that he “could celebrate his birthday in a big round”. He had already made concrete birthday plans.
However, the disposal of the city of Göttingen is formally lawful, and also “appropriate and necessary, in order to prevent the uncontrolled expansion of the corona epidemic”, – stated in the decision from 20. March 2020. Just when many people come together, the risk of spread of the disease particularly large. The interest of the applicant, the planned celebrations of this milestone birthday to take place, had to stand back behind the protection of human health.
Against the decision of the applicant, has filed an appeal of the lower Saxony higher administrative court, which still has not been decided.
With two on 24. March 2020, to initiate the decisions of the administrative court of Munich has, however, in two individual cases, the on 20. March 2020 adopted Bavarian output restrictions due to formal reasons, it is provisionally suspended (M 26 S 20.1252 and M 26 S 20.1255). The court doubted that the free state of Bavaria was allowed to regulate the output restrictions imposed by a General disposition, and assumes that the country will need to regulate by Ordinance would have. The decisions have, however, only to the applicant. The output limitations of the Munich judge found for the generality of their validity.
Already on 20. March 2020 the administrative court of Bavaria, on 16. March is considered to be arranged in the closure of retail stores as a permissible and proportionate (Az.: M 26 E. 20.1209 and M 26 S 20.1222). fle/mwo