Court examines business closures during Corona
In the early phase of the Corona pandemic, businesses with a floor area of more than 800 square meters were not allowed to open. Sales areas were also not permitted to be fenced off. Whether this was lawful is being discussed at the Federal Administrative Court in Leipzig. According to a court spokesperson, a decision has not yet been foreseeable.
The plaintiff is the operator of an electronics market in Saxony. She relies on her right to professional freedom and the equal treatment provision of the Basic Law. The market in Görlitz exceeded the contested size limit with approximately 1400 square meters.
The case at hand concerns a Saxon Corona protection ordinance that was in effect from April 20, 2020, to May 3, 2020. Similar regulations existed in other federal states. The Saxon Higher Administrative Court had deemed the ordinance valid. The Federal Administrative Court is now deciding on the appeal against this judgment.
The operator of the electronics market in Görlitz, experiencing Corona-related displacements, argues at the Federal Administrative Court in Leipzig,claiming her right to professional freedom and the equal treatment provision of the Basic Law, as her market exceeded the size limit of 800 square meters. Despite the ongoing discussions at the Court, the decision remains uncertain, potentially impacting the future operations of large shops across Germany.
