Corona in Berlin: Court overturns curfew for 14 other restaurants


Opinions are divided about the new curfew in Berlin. More and more innkeepers are successfully defending themselves against this in court. But the dispute has not yet been fought.

Berlin – The administrative court has practically canceled the curfew for other Berlin innkeepers. As it did a week ago, the court again granted several urgent motions against the regulation adopted by the Senate to combat the corona pandemic. A court spokesman announced on Friday.

After the eleven restaurateurs from the previous week, twelve more innkeepers who run 14 restaurants can now reopen their businesses at night. For all others, the curfew from 11 p.m. to 6 a.m. initially continues.

Source: info. Image

Further urgent proceedings are pending at the court from seven restaurateurs who operate a total of 14 restaurants. However, a fundamental decision by the Higher Administrative Court (OVG) is expected on the subject. Because the Senate had lodged a complaint against the decisions of the administrative court in the previous week.

The Senate has not yet lodged a complaint about the current court decision, according to the lawyer for the innkeepers, Niko Härting, to BILD.

The restaurateurs who were now right in court include the operators of the “Wild at Heart” in Kreuzberg and the “Mokum” in Prenzlauer Berg.

► The curfew for restaurants and shops has been in effect since October 10th. All restaurants and almost all shops have to close at night. In addition, there is a ban on serving alcohol – also for hosts who have legally enforced a night opening.

Curfew does not stand up to legal scrutiny

The Berlin Senate had decided on the regulations with the aim of slowing down the party going on along with alcohol consumption and thus the spread of the corona pandemic. Other federal states have since followed suit. However, the Berlin administrative court found that the curfew did not stand up to legal scrutiny and was not necessary for a significant fight against the infection.

It referred to the Robert Koch Institute. Accumulations of cases were observed at celebrations in family and friends, in facilities such as old people’s and nursing homes, hospitals and in connection with religious events and trips.

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Source: info. Image

There is also no risk of alcohol-related “disinhibition” after 11 p.m., according to the court the previous week. The alcohol ban continues to apply. Innkeepers cannot be generally assumed that they do not comply with this rule or, for example, distance and hygiene requirements. According to the spokesman, the new decisions of the court have the same content.

Müller wants to make curfew in court

The Berlin Senate does not want to back down on the matter. The governing mayor Michael Müller (SPD) had announced after a Senate meeting last Tuesday that the curfew would be court-proof. An ordinance and a change in the law are planned to “sharpen” this.

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Berlin’s Governing Mayor Michael Müller (SPD)

Photo: Britta Pedersen / dpa

The Hotel and Restaurant Association (Dehoga) Berlin demanded on Friday, however, to abolish the curfew immediately. “Like no other city in Europe, Berlin stands for freedom. This also applies during the corona pandemic. We should keep this freedom, ”explained Managing Director Thomas Lengfelder.

The curfew represents a significant encroachment on the freedom to exercise a profession. Above all, it brings the already battered bars and clubs into many existential difficulties. In addition, there is no evidence that hotels or catering establishments have been noticed as relevant sources of infection.

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