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Lüneburg (dpa / lni) - The Lower Saxony Higher Administrative Court (OVG) doubts the legality of the quarantine regulation for travelers returning from abroad.
It is unclear whether the regulations violate the principle of equality and whether proportionality is maintained, the court ruled in an urgent decision published on Tuesday.
In the main proceedings that follow, the court will decide whether it considers the quarantine regulation to be lawful or declared ineffective.
A man who owns a holiday home in Spain in a region where the corona infection situation is weaker than in his homeland in Lower Saxony (Az .: 13 MN 520/20) had sued.
The court emphasized that the quarantine regulation is formally correct and that it must be taken into account that a foreign traveler is exposed to a higher risk of infection while traveling, regardless of the infection situation.
The provision cannot take into account all individual cases either, because it would then be difficult to handle.
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Remaining unjustified unequal treatment could be overcome by individual exemptions from the quarantine obligation, it said.
The court now wants to examine in detail whether these are sufficient in the case of the Lower Saxony rules and then make a final decision.
In North Rhine-Westphalia, a court had recently overturned the quarantine rules and described them as ineffective in combating the pandemic.
In another proceeding, the OVG in Lüneburg confirmed the compulsory mask required in school lessons in Corona hotspots according to the state's Corona Ordinance.
The mask requirement serves to protect against infection and is not objectionable, according to the judgment (Az .: 13 MN 519/20).
OVG-PM Quarantine Ordinance
OVG-PM Mask requirement in class