Restriction for retail tipped by court – SWR Aktuell


A court overturns an important part of the Baden-Württemberg corona regulation. Guilt is an exception for the book trade.

The Baden-Württemberg Administrative Court (VGH) in Mannheim has collected certain corona restrictions for large parts of the retail sector, but has given politicians a few days to make corrections. Specifically, it is about a passage in the country’s Corona regulation that sets up regulations for “normal” retail apart from basic suppliers such as supermarkets, pharmacies or gas stations, as the court announced on Wednesday.

For the rest of the retail trade, there are also stricter rules for openings than for the basic suppliers: For example, companies and shops in most retail areas are threatened with closure if there are high regional infections – or at most the offer to offer purchases by appointment. There are also stricter regulations for the number of customers per square meter.

Judges justify: The book trade does not serve the basic supply

The judges overturned these stricter requirements and justified this with a violation of the principle of equal treatment, since the Corona Regulation also allows the book trade unlimited opening without the restrictions that other retailers are subject to.

There is no objective reason for this – because the book trade does not serve the basic supply. In fact, the book trade – as well as supermarkets, pharmacies, petrol stations and some other industries – is declared as an exception in the regulation. A furniture store from the Zollernalb district had complained.

Politics is given time to make improvements

However, the court did not suspend execution of the passage in the non-appealable decision with immediate effect, but only on March 29th. The state government is free to remove the violation of equality until then either by lifting the restrictions that apply to other retail trade or by extending them to the book trade.

There was also confusion and discussions on Wednesday about the so-called Easter rest. So the SWR reported on Wednesday evening:

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Containing the coronavirus: does the entire concept have to be redone?

If the passage were actually to be suspended, the state’s entire tiered concept would no longer apply, according to the court, as both parts of the regulation are interdependent. The tiered concept, for example, deals with the conditions under which businesses, shops and other facilities are allowed to open or have to close in the case of certain regional seven-day incidences.

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Restriction retail tipped court SWR Aktuell


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