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In Bavaria: court overturns Corona curfew for beer gardens and Restaurants
New legal setback for the state government: The Bavarian administrative court has the currently applicable early curfew from 22.00 clock for Bavaria’s gastronomy, due to the Corona pandemic tilted. The judges evaluated only to a limited extent allowed provision of food and beverages both in the interiors of restaurants as well as free dispensing areas only in the period from 6 to 22 o’clock “as not in conformity with the law”, as the court said in Munich on Friday.
The Senate justified its decision by the fact that the Opening in the catering business since 29. Not to mention in may 2020, yet a significant increase in infection numbers, with the Corona Virus have led. Therefore, the timing of the operation restriction proves to be disproportionate. A guest host from Franken had challenged the limitation of the hosting in the context of a standard control-urgent procedure.
The court also accepted the concern of the state government, it could be alcohol – related for the disregard of distance and hygiene rules and therefore more infections. This would also have the prohibition of Dispensing of alcoholic beverages after a certain time, and without a General curfew governed can be judged by the judges. Also, the need to monitor the impact of the Opening of the gastronomy on the infection is the restriction of to happen, to justify, given the far-reaching relaxations in public life.
On Tuesday, the Bavarian Cabinet had decided to extend the curfew, starting from this Monday on 23: 00. If there is any change to the Plan by the court decision, something that remains to be seen. The Ministry of health said on Friday afternoon, on request, currently being tested, how the government is going with the decision to bypass.
Meanwhile, the judges stressed that their decision affects not the continuing closure of Bars, Clubs, Nightclubs, brothels and other entertainment venues by the decision. Also, the otherwise specified blackout periods, such as the protection of the neighborhood or to the Bavarian beer garden regulation, are still to be observed.
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