A team led by Michael Below, lawyer at Heuking Kühn Lüer Wojtek, won a partial victory against corona-related restrictions before Greifswald Higher Administrative Court on behalf of textile chain Ernsting’s family. The court suspended a provision that restricted non-residents‘ access to retail stores, but also, for example, to zoos, museums, sports facilities, and libraries. According to the statutory provision, these establishments – once they are allowed to open – should take precautions to prevent entry by customers coming from areas where retail remains closed.
Upon the motion filed by Ernsting’s family, the relevant provision in Section 13 Corona State Ordinance was suspended by decision of May 7, 2021. According to the Higher Administrative Court, such “police-like” monitoring obligation of retailers exceeds the scope of permissible unequal treatment. According to the court, it is not objectively justified to obligate retailers to monitor the incidence of infection in other cities and districts on a daily basis and to carry out ID checks on potential customers.
Additional challenges relating to the ongoing closure of retail stores in Mecklenburg-Western Pomerania have remained unsuccessful in the summary proceedings to date. Several main proceedings are still pending before the court, however, and are aimed at resolving corresponding legal issues in detail. Decisions on preliminary injunctions and decisions on the merits are also expected in other German states.
Counsel to Ernsting’s family
Heuking Kühn Lüer Wojtek:
Sandra Janberg, all Düsseldorf