COVID Lockdown Curfew Employed in German State Declared Illegal by Court

07 April 2022, Berlin: Demonstrators protest against compulsory vaccination with placards
Kay Nietfeld/picture alliance via Getty Images

Harsh COVID lockdown rules employed in one German state that banned people from leaving their homes for reasons other than exercise, work, food, or a medical appointment were illegal, a court in the country has ruled.

Germany’s Federal Administrative Court ruled on Tuesday that curfew rules in place in Bavaria at the start of the pandemic were in breach of the law as there were not sufficient medical reasons to justify them.

The ruling will come as little comfort for many in Germany who remain under a myriad of lockdown restrictions despite the fact the vast majority of European nations have long since dropped measures aimed at controlling their citizenry over the spread of COVID.

According to a report by Der Spiegel, curfew rules forcing people to stay inside their homes were first implemented in Bavaria in 2020, but were subsequently ruled illegal by a local court within the state, which found that they disproportional impeded people’s rights.

Bavaria reportedly proceeded to appeal this decision at the Federal Administrative Court seemingly in the hopes of overturning the ruling that they had unjustly impeded the freedoms of their population.

However, the national court has upheld the lower court’s ruling, finding that authorities violated individual freedoms in a way that could not be justified with medical evidence.

In particular, the court criticised the state for employing overly draconian methods to limit the spread of COVID-19, when much milder methods that would have had a much lower impact on the fundamental rights of its citizens could have instead been used.

“The all-day… ban on leaving one’s own apartment to stay outdoors was a serious encroachment on the basic rights of [those affected],” a press release from the court on the ruling read.

“For proportionality in the narrower sense, it should have been plausibly demonstrated at the factual instance that, in addition to restricting contact, it could make a significant contribution to achieving the goal of reducing physical contacts and thereby preventing the spread of COVID-19,” it continued.

“That was missing here,” the press release went on to say.

It is not the first time a German court has ruled against lockdown measures implemented by authorities in the country.

For example, earlier this year, a complete ban on anti-lockdown protest walks that was put in place by one local assembly was ruled to be in breach of the law, with it being found that justifications against demonstrations for the reason that they could spread infection were ultimately too thin to accept.

However, these occasional rulings have been of little use to many under hardcore lockdown rules, with officials across the country keeping mask mandates and forced vaccine rules for healthcare workers in place to this day.

In turn, while largely ignored by legacy media outlets in the country, weekly protests against Germany’s perpetual state of COVID lockdown have also continued into the Winter of 2022, with many taking to the streets not only to demonstrate against lockdown, but also the ongoing energy and inflation crises currently ravaging many in Germany.

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