The Lower Saxony Higher Administrative Court in Lüneburg has suspended the corona-related closure of discos, clubs and shisha bars with a seven-day incidence of more than 10.
The decision is final, as the court announced on Tuesday.
(Ref .: 13 MN 352/21)
The applicant, who runs a shisha bar in Delmenhorst, argued in a norms control application that the closure was disproportionate.
According to the data processed by the Robert Koch Institute, the infectious environment in restaurants or shisha bars only plays a subordinate role.
In addition, the incidence values were chosen arbitrarily and no longer sufficiently informative, as they only insufficiently take into account the necessary parameters.
The Senate complied with the request: The closure of the facilities is not a necessary protective measure within the meaning of the Infection Protection Act.
Further requests from discotheques and shisha bar operators have become irrelevant.