Musicians take Fight Over Pandemic Closures to European Court
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A legal battle is brewing over whether government-mandated cultural shutdowns during the COVID-19 pandemic illegally stifled artistic expression. The “Stand Up for Art” initiative is now appealing to the European Court of Human Rights, seeking justice and potential compensation for artists who lost income and opportunities when stages went dark.
The months-long closures across Bavaria-and elsewhere-sparked accusations of unequal treatment, particularly as religious gatherings were permitted to resume earlier than cultural events. This perceived disparity forms the core of the legal challenge.
A Case of Unequal Treatment?
In April 2021,”Stand Up for Art” filed a lawsuit wiht the Bavarian Constitutional court,questioning the legality of the cultural lockdown. A central argument revolves around the perceived disparity in treatment between artistic and religious gatherings. While churches in Bavaria were permitted to reopen in may 2020, cultural venues remained shuttered.
“The culture was closed for an extremely long time, without any real scientific evidence that the culture was a driver of the pandemic,” explained tenor Wolfgang Ablinger-Sperrhacke, a member of the initiative. “We therefore wanted to clarify whether these closures were compatible with artistic freedom and professional freedom.”
Years of Delay, a Disputed Decision
The Bavarian Constitutional Court’s decision was delayed for four and a half years, citing a heavy workload. When a response finally arrived in August 2025,it largely dismissed the case,arguing that the challenged regulations were no longer in effect and that future pandemic responses would be handled differently. The court also deemed the question of compensation irrelevant.
“It was said that the standards we attacked would no longer have any legal effect because it was so long ago,” summarized Ablinger-Sperrhacke. “There would no longer be any interest in determining whether the closures were even in line with artistic freedom.”
The initiative strongly condemned the court’s decision, labeling it “purely politically motivated” and a move to protect Prime minister Söder, who had championed cautious pandemic measures.
Appeal to the European Court of Human Rights
In November 2025, “Stand up for Art” escalated the fight, filing a complaint with the European Court of Human Rights (ECHR). The plaintiffs include Mutter, conductor Thomas Hengelbrock, and singers Kevin Conners and Ablinger-Sperrhacke. They argue that the prolonged cultural closures violated fundamental rights to artistic freedom, professional practice, and equal treatment.
A favorable ruling from the ECHR could have significant financial implications. “If there is a positive decision in our opinion, it actually applies to all 47 signatory states to the European Convention on Human Rights,” Ablinger-sperrhacke stated. This could open the door for hundreds of thousands of European artists to seek compensation for lost income.
The Value of Art in Society
Beyond financial redress, the lawsuit aims to reaffirm the essential role of art and culture in society. The initiative argues that the pandemic exposed a troubling disregard for the arts, viewing them not as a fundamental right but as “irrelevant to the system” and “largely dispensable.”
Was artistic freedom unfairly curtailed during the pandemic? The ECHR’s decision will likely set a precedent for how governments balance public health concerns with the rights of artists and the importance of cultural expression.
