With a decision on Wednesday, the Administrative Court (VG) Berlin fully granted the urgent application by lawyer Jessica Hamed against the reduction of the convalescent status. The regulations on the recovered status of the Covid-19 protective measures exemption regulation and the coronavirus entry regulations no longer apply to the two applicants. Instead, the old regulations apply to them, according to which their convalescent status was valid for six months.
The court followed the applicants in their reasoning on the admissibility of the application. They had filed a lawsuit directly against the Federal Republic of Germany and objected to the aforementioned federal ordinances. The court confirmed that, exceptionally, there is a direct legal relationship between the applicants and the Federal Republic of Germany as the legislator. In Hamed’s opinion, all applications regarding the shortening status should therefore be submitted to the VG Berlin, regardless of the federal state in which you live.
The court saw the application as justified because it considered the subdelegation of the directly applicable definition of the convalescent status to the RKI to be unlawful, and left open whether the other arguments put forward by Hamed (publicity requirement, requirement for norm clarity, unjustified unequal treatment of those who have recovered and those who have been vaccinated) take action, since the application was already successful for this reason.
In conclusion, the court stated: “Due to the high probability of the challenged provisions being unconstitutional, the applicants are violated in positions protected by fundamental rights according to a preliminary assessment in the interim legal protection proceedings. Due to the change in the provision of § 2 No. 5 SchAusnahmeV, the applicants are currently and continuously unjustified (indirect) violations of the general freedom of action (Article 2 Paragraph 1 GG) due to the omission of simplifications and exceptions to infection protection measures of the federal government and the countries exposed. This makes it appear unreasonable to refer them to waiting for a decision on the main issue.”
The decision only applies to the two applicants. Everyone else affected must sue themselves, Hamed told the Berliner Zeitung.