According to a judgment of the Bavarian Administrative Court, toy shops in Bavaria serve to “cover daily needs”. The 2G regulation does not apply to them. As part of this decision, the Spielwaren trade association is calling for an end to “2G” throughout Germany.
The corona pandemic continues to pose major challenges for retailers, among others. In view of the current vaccination situation, there has not yet been a lockdown, but restrictions still apply to shops: In many federal states, 2G regulations apply in all shops that do not offer everyday goods - only immunized people are allowed to shop to enter.
Lawsuit in Bavaria is successful
The operator of a toy shop in Bavaria had sued against the 2G regulation, according to the decision of the Bavarian Administrative Court - in other federal states, higher administrative courts. The head of the Bavarian administrative judiciary granted the application and overturned the 2G regulation for toy shops.
The Spielwaren trade association welcomes the decision of the judge in Bavaria and calls for an end to 2G in retail throughout Germany. Other toy retailers in other federal states are now also considering filing a lawsuit.
“Children are punished for not having their parents vaccinated. The decision of the Bavarian Administrative Court shows that 2G and lockdowns in retail are wrong, ”says BVS managing director Steffen Kahnt. "Despite functioning hygiene concepts and the mask requirement, 2G applies in many places in retail - regardless of whether it is toys or technical items."
In the opinion of the trade association, this would put many trading companies at a massive disadvantage for purely symbolic reasons during their peak sales period. Employees who would have to monitor the 2G rules in front of the shops were lacking in specialist sales advice and would have to deal with “annoyed and sometimes aggressive customers”, according to the BVS.
The toy retailers usually make 40 percent of their annual turnover in the Christmas season alone. The Bavarian retailers should be all the happier now.
The Higher Administrative Court in Lower Saxony had previously suspended the 2G rule, there for the entire retail sector. Both judgments could have a signal effect. According to the media, corresponding lawsuits are already pending in Berlin and Brandenburg. The North Rhine-Westphalian Ministry of Health, on the other hand, is currently assuming that the drafts of the 2G rule will exist in court.
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