2G regulation in the retail sector in north rhine-westphalia is legal following an urgent court ruling.
As the higher administrative court announced in munster on wednesday, it is justifiable that only those vaccinated against corona and those who have recovered have access to many stores. The country can assume that the rule will help protect the lives and health of the population and avoid overloading the health system.
The lawsuit was filed by the woolworth department store chain, which was unsuccessful in its emergency appeal against the state’s corona protection ordinance. The tightening of the corona rules does not apply to convenience stores such as supermarkets, grocery stores and drugstores. Woolworth offers a mixed assortment of textiles and household supplies for everyone. The decision is not subject to appeal (az.: 13 B 1858/21.NE)
Woolworth argued that there was no significant risk of infection in the retail trade. The existing hygienic concepts contradicted this. There is unjustified unequal treatment compared with the retail trade, which is exempt from the regulation. The OVG did not agree. It was factually justifiable, according to the court, that the country had exempted shops with goods for basic needs from the access restriction.
In the past few weeks, there have been different rulings by the higher administrative courts throughout germany. The OVG in schleswig-holstein had on tuesday declared the rules for the state to be lawful after a woolworth lawsuit. On the other hand, the lower saxony OVG has overturned the 2G rule in the state’s retail sector. The mabnahme is not necessary for the further containment of the coronavirus and is also not compatible with the general principle of equality, the court ruled on thursday.