The federal and state governments have only just decided to relax the provisions made regarding the coronavirus when the first lawsuits and verdict are already hailing. Now the Bavarian Administrative Court has rejected a sales ban for large businesses as unconstitutional.
From now on, some shops can be reopened. However, this rule does not apply to shops with a sales area of more than 800 square meters. On the other hand, a goods dealer with products in the premium segment has now sued, with branches in the federal states of Bavaria, Berlin and Hamburg. And the Bavarian Administrative Court upholds the entrepreneur’s complaint. Accordingly, a ban on selling large businesses is unconstitutional. The judges recognize in the procedure an unequal treatment with smaller shops as a violation of the principle of equality of the Basic Law. This was shared by the
Bavarian Administrative Court (BayVGH) today with Monday. Nevertheless, the judge’s verdict will not initially ensure that the plaintiff can open his business.
Because the court did not “exceptionally” override the regulation because of the pandemic emergency, but merely limited to determining whether the regulation was incompatible with the Basic Law. So the plaintiff will have to wait until the federal and state governments decide to further relax.