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Markus Söder is part of the "Caution Team".
The Bavarian Prime Minister emphasizes this at every opportunity.
The CSU politician therefore regularly speaks out against easing the corona crisis.
But now Söder is being imposed by the judiciary in the same way.
In any case, the Bavarian Administrative Court (BayVGH) has decided that shoe stores in the Free State are allowed to reopen with immediate effect.
"Shoe shops are one of the indispensable shops for daily supplies," says a decision by the BayVGH.
This puts these dealers on an equal footing with, among other things, bookstores, DIY stores and garden centers, flower shops, shops for baby supplies or insurance offices that are allowed to be open in Bavaria in accordance with the Infection Protection Measures Ordinance to contain the corona pandemic.
In the opinion of the 20th Senate, which is responsible for infection protection law, shoe shops have "a comparably weighty importance".
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The retailer Schuh Mücke from Schweinfurt, which belongs to the ANWR Group, had sued.
In February, the company filed a regulatory review suit to suspend the country's lockdown requirements for the shoe industry.
The judges didn't want to go that far.
On the other hand, by equating them with other retail formats, they have made the opening step possible.
This means that from now on, incidence values are no longer important for running shoe stores.
"The supply of shoes is not only a prerequisite for the exercise of numerous professional activities, but also, as a rule, for exercise and sports that serve to maintain health outdoors and - especially for children and adolescents whose growth has not yet been completed and who consequently have a can adjust the corresponding need very quickly and urgently, for a healthy development and maintenance of the musculoskeletal system ”, the court justifies its classification.
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The Bavarian Trade Association welcomes the ruling in an urgent procedure.
"It has been proven that trade is not a driver of infection," says Managing Director Wolfgang Puff to WELT.
Nevertheless, a lot is currently being carried out on the back of the industry.
How long the new freedom will remain, however, is unclear.
"We do not rule out that the state government changes the infection control measures regulation again," says Puff with reference to the case of North Rhine-Westphalia.
There, the Higher Administrative Court (OVG) Münster recently suspended large parts of the corona protection ordinance of the most populous federal state for trade, such as the existing deadline constraints or certain quantity restrictions on the number of customers who shop.
The unequal treatment of, for example, fashion shops compared to bookshops, stationery shops and garden centers was criticized.
Only a good three hours later, however, the state government in Düsseldorf reported revised regulations that brought additional restrictions for the previously better-off retail formats.
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It is still open whether and how the Bavarian state government will react.
"The state government has taken note of the decision and is examining the need for further action," says a spokesman for the Bavarian State Ministry for Health and Care on request.
Until a decision has been made, the shoe stores can now receive customers - at least in Bavaria.
Whereby Fritz Terbuyken now has the hope that the judgment from Munich will have a signal effect.
The goods board of ANWR speaks of a groundbreaking decision and insists that the other federal states now also include shoe stores in the basic supply and are therefore allowed to open them.
Corresponding lawsuits are likely to be pending in many places.
ANWR now wants to force further openings in the next step.
"After this judgment, we will immediately examine the necessary steps to take action in order to be able to open the sports trade quickly," says Matthias Grevener, who is responsible for the company's Sport2000 chain on the ANWR board.
Chaos and confusion about the applicable rules are now likely to increase.
There have long been a wide variety of requirements both at the level of the federal states and at the level of cities and districts.
The German Trade Association (HDE) is now pushing for more uniformity for the entire republic.
“The regulations in the individual federal states are becoming more and more confusing for customers and companies,” says Managing Director Stefan Genth.
“The Corona measures can of course be based on the regional infection process, but they must be reliable, legally secure and comprehensible nationwide.
It is time for everyone to come up with a plan that, based on uniform criteria, allows as much opening as is reasonable, regionally depending on the corona situation. ”To combat the pandemic, targeted measures must always be in place where the risk of infection is demonstrably highest.
"According to several studies, this is not the case in retail."