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Lüneburg (dpa / lni) - Is it legal that hairdressers and fitness studios have to remain closed because of the pandemic?
Judges have to deal with this question again and again - also in two pending cases at the Higher Administrative Court in Lüneburg.
A hairdresser is against the current ban on exercising his profession, as an OVG spokeswoman announced.
The application was received on Wednesday, the Ministry of Health has until Monday to comment on the standards control procedure.
In addition, the OVG has approved main proceedings following a decision by the Osnabrück Administrative Court on the closed fitness studios.
The verdict is likely to take some time here as an oral hearing is scheduled.
Last week there were already two judgments on studios in Lower Saxony.
The operator of a fitness studio in Göttingen successfully defended himself against the corona-related closure before the administrative court.
A maximum of two people were allowed to use the equipment in the training room without instruction.
After each change of visitors it was disinfected.
The city of Göttingen had forbidden the plaintiff to do so.
The court ruled that this closing order is likely to be illegal.
In support of this, the man had submitted that he did not run a fitness studio, but enabled individual sports that are permitted under the Lower Saxony ordinance.
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In the opinion of the judges, the risk of infection in private studios is no greater than in facilities for recreational and amateur sports, where two people are allowed to be active.
The admissibility of individual sport is based on the health-promoting effects of sport.
The Hanover Administrative Court had previously found a fitness studio operator to be right.
The woman had developed a concept in which she sublet her studio to a person or household by the hour in order to enable individual sports.
Appeals against the resolutions can still be submitted to the OVG.
In the past few weeks, the 13th Senate of the OVG rejected several applications for the stricter contact restrictions.
This means that the contact rules continue to apply, according to which meetings are only possible with one other person beyond your own household.
© dpa-infocom, dpa: 210206-99-325847 / 2