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Curfew in Bavaria from 2020 was disproportionate

The curfew imposed in Bavaria in the early phase of the pandemic was disproportionate.

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Curfew in Bavaria from 2020 was disproportionate

The curfew imposed in Bavaria in the early phase of the pandemic was disproportionate. This was decided by the Federal Administrative Court in Leipzig on Tuesday. Contact restrictions would also have been considered as a milder corona measure. They would have "burdened the addressees less," the judges found.

The Federal Administrative Court thus rejected the appeal of the Free State of Bavaria against a judgment of the Bavarian Administrative Court, which had declared the curfew of March 2020 ineffective in the lower court. The ban imposed at the time on leaving one's own apartment to stay outdoors "was a serious encroachment on fundamental rights," said presiding judge Renate Philipp on Tuesday in Leipzig. At the beginning of the pandemic, for example, the clarification by the police - later collected - that reading a book on a park bench was not allowed caused trouble.

In the second case, the Federal Administrative Court confirmed the legality of the contact restrictions imposed in Saxony in spring 2020 and the closure of sports facilities and restaurants. The judges rejected a lawyer's appeal against a judgment by the Saxon Higher Administrative Court, which had previously declared the corona measures to be lawful.

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