The Administrative Court of Appeals in Hamburg has overturned a decision of the administrative court finding no merit in the government’s distinction between shops larger than 800 m2 (cannot open) and smaller shops (can open) as the coronavirus measures are eased in Germany 1/4
The Länder and the Federal Level had agreed on this distinction when gradually easing the coronavirus lockdown . A shop >800 m2 had sued arguing that there was no logical justification for differing between the two categories. 2/4
The shop had won in the first instance. It has now lost on appeal. The decision is final - the only further recourse would be a constitutional complaint. All of these decisions are, of course, interim measures. 3/4
Source: the press release is available here 4/4 justiz.hamburg.de/aktuellepresse…
