Lockdown of apartment block due to corona was inadmissible
The lockdown of a block of flats in Göttingen due to a coronavirus outbreak in June 2020 was unlawful. This was decided by the Göttingen Administrative Court on Thursday after residents of the building filed a lawsuit. An appeal can be lodged against the ruling.
"There are no immediate consequences as a result of the ruling," said a court spokesperson on Friday. For similar cases in the future, however, there is now clarity about what is permitted. The ruling could also form the basis for claims for damages.
The lawsuit was not directed against the fact that the residents had to isolate themselves for seven days due to the infection, explained the plaintiffs' lawyer, Sven Adam, on Thursday. The reason was the fencing and police surveillance of the complex for several days.
"The order initially contained neither exceptions nor the possibility of leaving the complex by proving negative corona tests," said Adam. The infection procedure only provides for such drastic measures if people resist a request to isolate themselves. This would also require a court order.
- The ruling from the Göttingen Administrative Court could potentially set a precedent, limiting the use of strict measures like fencing and police surveillance during future disease outbreaks, such as those caused by COVID-19 or other diseases.
- In light of the court decision, it is now clear that lockdowns of residential buildings due to disease outbreaks should adhere to certain legal processes and consider exceptions, like allowing residents to leave with negative test results.
- The unlawful lockdown of the apartment block in Göttingen highlights the importance of the law in regulating health-related emergency measures, as the lack of clear processes and exceptions can result in negative impacts on residents' rights and wellbeing, such as those related to health, freedom, and privacy during the Corona pandemic and other disease outbreaks.
Source: www.dpa.com
