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Berlin (dpa / bb) - For the time being, tourists are not allowed to stay overnight in the capital because of the corona pandemic, according to a court order.
The Higher Administrative Court (OVG) Berlin-Brandenburg, like the lower court, rejected the urgent application from a landlord of 228 holiday apartments.
The ban on tourist overnight stays prevents the risk that infections that have not yet been identified could be carried to Berlin, the court announced on Friday about its decision, which is incontestable.
The decision of the administrative court was therefore still based on the Corona provisions of the Senate at the time, the decision of the OVG is based on the latest Corona resolutions.
In view of the diffuse infection process, the fight against the pandemic can no longer only start with alleged "main drivers", the court said.
This assessment by the Senate is suitable to slow down the further spread of the virus.
According to the court, the ban on accommodation does not violate the principle of equal treatment.
The rented accommodations, unlike second homes and holiday flats they use themselves, have a constantly changing group of users.
This justifies a different treatment.
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Insofar as overnight stays by business and business travelers and for necessary private reasons are excluded from the ban, the applicant is not obliged to check actual reasons for travel or overnight stays.
The OVG stated that the guests had to provide complete and truthful information.
Before concluding a contract, however, the purpose of the accommodation must be inquired about and documented.
Press release