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The Bremen Higher Administrative Court has temporarily suspended the mandatory mask requirement for primary school students at an incidence value of 100.
The regulation as to when this obligation applies is too vague.
In a decision on an urgent application, the court found that elementary school students and parents could not determine when the requirement was met.
This cannot be determined by interpretation either.
(AZ 1 B 178/21)
The revocation not only applies to the applicants, but is generally binding.
At the same time, the OVG pointed out on Wednesday that the obligation to wear a face-to-face mask is basically a “suitable, necessary and appropriate measure” for primary school children to reduce and control the infection control incidence in school operations.
In a second decision, the OVG confirmed the regulation that participation in face-to-face classes is only possible if a negative corona test is presented.
This was also based on an emergency application.
From the point of view of the applicant, the obligation to take a test seriously encroaches on the fundamental rights of the students.
There is also a risk of injury.
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The court argued on the other hand that even assuming that the testing interfered with the physical integrity of the pupils, the interference should be regarded as minor if it was used properly (AZ 1 B 180/21).
Both resolutions cannot be challenged.
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