The measure to prevent the spread of the disease from risk areas has been in force in Bavaria since 23 October. According to the court, however, it is doubtful whether it was reasonable.
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By its decision, the Supreme Administrative Court in Bavaria granted the request of two Austrian grammar school students from the border village of Oberndorf, who commute daily to school in Laufen on the Bavarian side of the border. It issued an interim measure on the basis of which an order of the Bavarian Land Government ceased to apply temporarily. The Court concluded that the measure would prove to be ‘ineffective’ in the main proceedings.
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The Czech Foreign Minister Tomáš Petříček (ČSSD) pointed out the decision of the Bavarian Supreme Court on Twitter.
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⚠️ ???????? The Bavarian court has temporarily abolished the obligation to test for commuters, ie also for citizens of the Czech Republic who regularly commute to Bavaria for work ❗️
– Tomas Petricek (@TPetricek) November 24, 2020
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According to the court, it can be doubted, among other things, that the obligation to have a coronavirus test every week is appropriate in view of the situation. He also pointed out that the testing affected the right of citizens of the Member States of the European Union to free movement. According to the court, when adopting new measures, the recommendation of the European Council to coordinate the procedure for restricting this right due to the covid-19 pandemic must be taken into account, thus avoiding discrimination against citizens of other EU countries.
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From 23 October, commuters who had been in one of the risk areas in the past 14 days had to be tested weekly for coronavirus in Bavaria. The measure mainly affected Czechs and Austrians. The tests were free for foreign workers and students. The Prime Minister of Bavaria, Markus Söder, justified the introduction of measures, saying it was necessary if open borders were to be kept.
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