Editor in chief at IamExpat Media
An administrative court has overturned the nighttime curfew put in place in Baden-Württemberg to combat the spread of COVID-19. The restriction will be lifted in a few days’ time.
The administrative court of Baden-Württemberg has ruled in favour of an urgent application by a plaintiff from Tübingen and overturned the curfew. According to a decision published by the court on Monday, the section of the state’s Coronavirus Ordinance that prevents people from leaving their homes between the hours of 8 pm and 5 am must be suspended.
The curfew will apply for the last time during the night from Wednesday to Thursday. Thereafter, it will be lifted.
The Baden-Württemberg Senate argued that the regulation no longer met legal requirements. In the eyes of the court, the federal government’s Infection Protection Act only allows for the use of curfews if the fight against the pandemic would be worse off without them - something which has not been sufficiently proven in this instance.
The curfew can therefore only be reinstated if removing it - and taking into account all the other measures taken - led to a significant worsening of the infection rate. In addition, the court ruled that the state government must examine whether the curfew should be imposed statewide or whether more differentiated regulations based on local infection situations would be more appropriate.