OVG Schleswig: Entry bans due to corona were legal
The ban imposed by the state government in April 2021 on entering Schleswig-Holstein for leisure purposes was lawful. This was decided by the Schleswig-Holstein Higher Administrative Court (OVG), the court announced on Tuesday. The court thus dismissed the applications of a Hamburg lawyer who wanted to have this measure declared unlawful retrospectively (Ref. 3 KN 1/20 and 3 KN 5/20).
The applicant had wanted to go fishing on the Schleswig-Holstein coast during Easter, but was prohibited from doing so by the state. He argued that this violated his fundamental rights.
The court stated that the ban was a significant infringement of fundamental rights. However, the application was unfounded. Rather, the entry ban was a necessary protective measure within the meaning of the Infection Protection Act. In view of the pandemic situation at the time, the ban was based on a sufficient factual basis, so that the state government had to assume an urgent need for action when issuing the ordinances.
The Senate did not allow an appeal to the Federal Administrative Court. Once the written reasons for the judgment have been served, the parties involved can lodge an appeal there against the non-admission.
Despite facing criticism for infringing on fundamental rights, the court upheld the legality of judgments that imposed entry bans for leisure purposes in Schleswig-Holstein due to the Corona pandemic. With the spread of Covid-19, individuals had to forgo their leisure time activities, such as fishing, during crucial periods, as they were considered non-essential and potentially hazardous for public health.
Source: www.dpa.com
