Berchtesgadener Land – Do the businesses economically damaged by the general decree of the district of Berchtesgadener Land, which led to the two-week fast lockdown, have a right to compensation? This is the question that the Reichenhall Entrepreneur Forum wants (Rufo) and a Reichenhaller hotel business continue to be clarified by the Munich Administrative Court. It is true that the urgent judicial procedure has now been dealt with after the general ruling has expired (we reported). However, according to lawyer Frank Starke, the action for annulment is now to be converted into a continuation action. This is to determine in retrospect whether the measure taken by the district office was illegal.
“If the illegality turns out, the way is free for the assertion of claims for damages against the Free State of Bavaria,” informs attorney Frank Starke and addresses the injured party: “Those operators of restaurants and hotels who have not yet filed a lawsuit can still file a lawsuit against the general ruling. ”However, Starke advises having this complaint filed through a lawyer as soon as possible, because it should have been received by the administrative court in Munich by November 22nd. Everyone concerned must bring a lawsuit for himself, because a class action is inadmissible.
The number of donors shows that there is great solidarity with the plaintiff and the supporting Reichenhall Entrepreneur Forum. 370 private citizens and entrepreneurs have so far supported the lawsuit with contributions between 5 and 1,000 euros. Rufo chairman Mike Rupin is impressed: »More important than the sum of the donations is the clear signal of how many have donated and thus have shown that these are not just a few individual issues, but that an entire district provides legal security for the future This also applies to the 150 supporters who publicly admitted to the lawsuit of an individual hotel. “From a legal point of view this is irrelevant, but it shows the solidarity and vision of many entrepreneurs, that we are all in the same boat and that we can only get out of this situation if we work together.”
Mike Rupin still considers many of the rules enacted in the general decree to be inconsistent. The fact that one was only allowed to leave the house if there were valid reasons, but the retail trade should leave its shops open, has almost completely paralyzed the business world. Sport and exercise in the fresh air would have been allowed, but the hiking parking lots and playgrounds were closed. Schools, daycare centers and kindergartens have closed, but the district office has not given any concept for emergency care. »More than 2,500 holiday guests had to leave the district untested and in a hurry within 24 hours. In spite of their high hygiene standards and the fact that no contagion can be detected from these areas, the hotel and catering trade was totally forbidden except for the serving of take-away meals. “
Due to these inconsistencies in the general decree, the complete collapse of the catering and trade “only the legal clarification was left as an option,” says Mike Rupin. The Rufo chairman emphasizes: “Not only that the companies directly affected had to accept immensely high sales losses, but also the retail sector, with a few exceptions such as grocery stores, recorded sales declines from 80 to almost 100 percent.”
Although the focus has moved away from the Berchtesgadener Land to other priorities due to the lockdown that has now applied nationwide, the economic hardship that has hit many since October 20 is still huge. Many retailers have drastically reduced their business hours or have partially closed them completely. Rupin reports on the statement of a clothing store in Berchtesgaden: “In six days we had a single customer.” According to Rupin, the statement from a specialist hosiery shop in Bad Reichenhall was similar: “We have been in business for over 30 years and we were there last Thursday by far the worst day in terms of sales. “
Information for companies directly affected by the BGL lockdown, especially with regard to their own lawsuits, can be found on the Reichenhaller Unternehmerforum homepage at https://www.reichenhaller-unternehmerforum.de/rufo. Ulli Kastner