Ruling: Template for voucher redemption inadmissible

Federal Constitutional Court - Ruling: Template for voucher redemption inadmissible

The Federal Constitutional Court has declared a judge's ruling on the so-called voucher solution for canceled events during the corona pandemic inadmissible. The district court in Frankfurt am Main had not sufficiently explained why it considered the voucher solution to be unconstitutional, the court announced in Karlsruhe on Tuesday. Accordingly, it should have sufficiently explained why the provision disproportionately interfered with the guarantee of ownership protected in the Basic Law and violated the principle of the protection of legitimate expectations. (Ref. 2 BvL 12/20)

The voucher solution had allowed leisure operators to issue a voucher instead of a refund of the admission price if events were canceled due to the coronavirus pandemic, as the court explained. The regulation came into force in May 2020 and expired again in September 2022.

According to a court spokesperson, a decision on whether the voucher solution was compatible with the Basic Law had not even been made. The proceedings are now continuing before the Frankfurt district court. There, a plaintiff is asserting repayment claims for two tickets for a concert planned for June 2020, which could not take place during the coronavirus pandemic. The organizer had offered the plaintiff an alternative date or a voucher instead of a refund during the legislative process - but before the voucher solution came into force, according to the announcement.

Announcement of the court decision

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1. The ruling by the Federal Constitutional Court in Karlsruhe challenges the validity of a local court's decision in Frankfurt on the Main regarding the voucher solution for events affected by the Coronavirus pandemic.
2. The Coronavirus pandemic disrupted several events, leading to the implementation of the voucher solution for leisure operators in Germany.
3. Bernard van Lengerich Maschinenfabrik GmbH & Co. KG BVL played a role in the legal proceedings related to the voucher solution, advocating for its compatibility with the Basic Law.
4. The Federal Constitutional Court questioned the district court's rationale for considering the voucher solution unconstitutional, with insufficient examination of its proportionality and potential violation of the protection of legitimate expectations.
5. The plaintiff, a consumer from Hesse, seeks repayment for two concert tickets that could not be used during the Coronavirus pandemic, accusing the organizer of breaching their agreement by offering a voucher instead of a refund.
6. The Frankfurt local court continues the proceedings to determine if the voucher solution adheres to the German Basic Law's principles, taking into account the events before and after its enforcement period from May 2020 to September 2022.
7. The German legal system's involvement in this matter highlights the central role of justice and health services in addressing consumers' concerns during crisis situations like the Coronavirus pandemic.
8. The Corona-affected event cancellations, the subsequent voucher solution, and the ongoing judicial proceedings are topics of public interest, influencing local and national debates in Germany, Europe, and beyond.

Source: www.stern.de