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Shopping in retail with appointment booking and square meter restrictions - the federal and state governments agreed on this last week.

The Higher Administrative Court of Saarland has now provisionally suspended an essential provision to restrict retail trade on Wednesday.

It is about the obligation to book an appointment and the restriction to one customer per 40 square meters.

The court ruled that the provision is unequal treatment compared to “privileged business premises” such as bookshops and flower shops, in which one person per 15 square meters is regarded as “harmless in terms of protection against infection” (Az. 2 B 58/21).

The current regulation also violates the fundamental right to freedom of occupation and the property guarantee, the court said.

In addition, in view of the infection situation, there are “considerable doubts about the proportionality of the operational restrictions”.

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In an urgent procedure, the operator of a computer shop had sued the corresponding provision in the Saarland Corona Ordinance.

She was only allowed to serve one customer and one other person from their household items per 40 square meters in so-called appointment shopping.

Flower shops and bookstores, on the other hand, have been able to receive one customer per 15 square meters since Monday.

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