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Leipzig – The Federal Administrative Court has confirmed corona rules on the closure of shops at the beginning of the pandemic. The fact that shops with more than 800 square meters of sales area were not allowed to open in spring 2020 cannot be objected to, the court in Leipzig decided today (case number: BVerwG 3 CN 3.22).

The regulations were proportionate and therefore necessary protective measures. Specifically, the decision concerned a Saxon Corona Protection Ordinance that was in effect from April 20 to May 3, 2020.

It also stipulated that larger stores were not allowed to limit their sales area to 800 square meters by means of barriers in order to avoid the ban on opening. Other federal states also had the size limit in their regulations.

The operator of an electronics store in Görlitz filed the lawsuit. She invoked her fundamental right to freedom of occupation and equal treatment. At around 1,400 square meters, the store exceeded the controversial size limit.

The Saxon Higher Administrative Court (OVG) had already classified the regulation as lawful in the previous instance. The Federal Administrative Court rejected the appeal against this ruling.

The state of Saxony justified the size limit by saying that large-scale stores have a greater pull effect than smaller shops. This effect – more people, more encounters, little distance – was to be avoided during the pandemic.

The Higher Administrative Court had considered this to be a valid reason for the unequal treatment of larger and smaller shops, and the federal judges confirmed this. The chosen limit of 800 square meters was also covered by the authorities’ discretion in the pandemic situation at the time, according to the Federal Administrative Court. This also applies to the ban on reducing a larger area by cordoning off the area. © dpa/aerzteblatt.de