The new corona restrictions for private family gatherings remain in place. The Higher Administrative Court in Lüneburg has rejected an application for a provisional suspension.
The OVG announced that the contact restrictions were necessary within the meaning of the Infection Protection Act. They had the legitimate aim of protecting the population from infection, preventing the spread of Covid-19 and avoiding overloading the health system. The decision is final.
Plaintiff referred to fundamental rights
Against the A man from Lübeck had applied for restrictions with a so-called norm control application. He wanted to visit his father, who lives in Lower Saxony, in his four-person household with his wife and two-year-old daughter – outside of the period from December 24th to 26th. The requirements of the Corona Regulation violate his basic rights to protect the family, human dignity and general freedom of action, according to the plaintiff.
Videos
4 Min
–
–
This year the festival could be a chance to break out of the patterns that have been committed for years and to reflect. 4 min
–
–
–
–
Judges refer to “reasonable compensation”
The 13th Senate of the OVG does not see it that way. Although the regulations intervened in the constitutional protection of the family and in the general freedom of action. But they represent an “appropriate balance between these basic rights of those affected and the legitimate goals of the legislator,” the court said. Private households were a focus of the outbreak. In addition, the regulation does not specify how people living in a household are allowed to organize their everyday life in their own four walls. If the group of participants changes, one can “meet with any desired person”, according to the court.
Special regulation at Christmas not a factor
The special regulation made for the Christmas holidays does not change the assessment. This is justified because of the constitutional protection of state-recognized holidays and family coexistence as well as the obviously existing need for community at the time.
–
–
