The Federal Administrative Court of Bavaria, Germany, has ruled that the coronavirus curfew implemented during the first wave of the pandemic was “disproportionate” and that, on reflection, less extreme measures could have been possible.
Residents of Bavaria were subjected to very tight coronavirus restrictions, including strict limits on permission to leave your home.
These rules were subsequently subject to legal oversight by the Bavarian Administrative Court, who ruled that the curfew of March 2020 had been ‘ineffective’. This led to an appeal by the Free State of Bavaria, causing the case to be taken to a federal court.
The federal court in Leipzig judged that the restrictions put in place had been a “serious encroachment on fundamental rights” and suggested that less extreme measures to prevent the spread of the virus could have been achieved and would have been less of a “burden” on citizens.
The Federal Administrative Court also considered the legality of the closure of sports facilities and restaurants in the region of Saxony in spring 2020. In this case it upheld a judgement by the Saxon Higher Administrative Court which declared the restrictions to have been lawful.
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