Verdict - Lockdown of Göttingen apartment block inadmissible due to corona
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, according to a court spokesperson on Friday. An appeal can still be lodged against the ruling.
"There are no immediate consequences as a result of the ruling," said the spokesperson. For similar cases in the future, however, there is now clarity about what is permitted. The ruling could also form the basis for possible claims for damages.
The lawsuit was not directed against the fact that the residents of the house had to isolate themselves for seven days due to the infection, explained the plaintiffs' lawyer, Sven Adam, on Thursday. The reason was the fencing off for several days and the police surveillance of the residential complex. Both had no legal basis, according to the court.
"The order initially contained neither exceptions nor the possibility of leaving the complex by proving negative corona tests," said lawyer Adam. The infection procedure only provides for such drastic measures if people resist a request to isolate themselves. However, this also requires a court order.
The decision now sets limits in terms of the protection of fundamental rights and has fundamental significance for the future handling of building complexes in pandemic situations, said Adam.
Lesen Sie auch:
- The residents of the apartment block in Göttingen, affected by the 'Covid-19' lockdown, challenged the decision in the Administrative court.
- The Göttingen Administrative court ruled that the lockdown was inadmissible due to the 'high phase' of the Coronavirus outbreak, stating that the processes used lacked a legal basis.
- The court's verdict highlighted that future lockdowns in similar situations must adhere to fundamental rights, including the right to leave the building with negative 'corona tests' if required.
- The Legal proceedings followed the Coronavirus outbreak in June 2020 in the apartment block, resulting in a full lockdown and intrusive police surveillance.
- The residents argued that the lockdown, including the fencing off of the apartment block, violated their rights and was not justified by any legal exceptions.
- The court recognized that health issues were paramount during the 'lockdown' phase, but emphasized that such measures must respect individual rights and liberties, as per Lower Saxony laws.
- Moving forward, this landmark ruling may have significant implications for handling apartment block lockdowns during 'pandemic situations' in Germany, ensuring a balance between health and individual rights.
Source: www.stern.de
