Inspection duty for 2G rule permissible in Berlin

Retail stores in Berlin have to continue to monitor their customers' compliance with the 2G rule at the point of entry.

Regulations serve legitimate goal

This was decided by the Administrative Court of Berlin in summary proceedings, as a spokeswoman announced on Tuesday (Jan. 25, 2022). The regulations, which respond to the extremely high current infection rates and the increasing dominance of the highly contagious Omicron variant, are deemed appropriate. They serve the legitimate goal of slowing down the incidence of infection and thus of reducing the burden on the health care system as a whole.

Control obligations still appropriate in current situation

According to the Coromavirus ordinance, many shops and department stores are currently only allowed to open under 2G conditions. This means that visitors must either be vaccinated or recovered, and their status must be checked by the stores. If customers do not meet the requirements, they must be denied entry. According to court documents, a company that operates 48 textile stores in Berlin has objected to this. It was argued that the control obligations were too costly and economically disadvantageous. Furthermore, the company objected to unequal treatment compared to other businesses, such as grocery stores. The judges acknowledged a significant encroachment on professional freedom. However, in view of the current situation, the control obligations were still appropriate.

2G rule already upheld by court in December

With this argument, the judges stuck to their previous rulings. Last December, they had declared the 2G rule in Berlin to be permissible. In the current proceedings, the focus was on the obligation to monitor, as the spokeswoman explained. This is also criticized by the Berlin-Brandenburg trade association. An appeal against the decision is possible to the Higher Administrative Court of Berlin-Brandenburg.