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VGH Mannheim rejects an urgent application against the ban on firecrackers

In Baden-Württemberg no fireworks may be set off in public spaces on New Year’s Eve. The VGH Mannheim confirmed the ban on firecrackers ordered by the state government.


The Administrative Court (VGH) Baden-Württemberg has confirmed the corona-related ban on firecrackers in public spaces. A lawyer failed with an urgent application against the rule in the Corona regulation on Tuesday before the Mannheim court (decision of December 22, 2020, Az. 1 S 4109/20). He wanted to celebrate the New Year with family and friends and without fireworks that would be completely inconceivable to him, the man had argued. The ban violates his basic right to general freedom of action.

In its decision, the VGH referred to the Infection Protection Act, which provides a sufficient legal basis for the ban. The ban on firecrackers “does not lead to a disproportionate encroachment on the fundamental right to general freedom of action under Article 2 (1) of the Basic Law”. It should prevent people from going outside in a sociable mood and getting infected. It is not sufficient – as suggested by the applicant – to limit the ban to “busy places”.

In the south-west, the ban on “burning off pyrotechnic objects”, in contrast to other federal states, only applies to public space, emphasized the VGH. This leaves the applicant free to roar in their own garden. The decision is final.

dpa / acr / LTO editorial team

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