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Hamburg (dpa / lno) - The Hamburg Higher Administrative Court has overturned the alcohol ban in public spaces that applies throughout the city due to the corona pandemic.
On Friday in the second instance, the court granted the urgent application of an applicant who wants to consume alcoholic beverages alone in public spaces.
In the first instance, the administrative court had rejected the man's request.
The decision of the Higher Administrative Court, which applies only to the applicant, is incontestable, as the court announced.
According to the Coronavirus Containment Ordinance, the consumption of alcoholic beverages on public paths, streets, squares and green and recreational areas is prohibited throughout the city.
In the opinion of the Higher Administrative Court, however, after a purely summary examination, this is illegal, since the ban in the Federal Infection Protection Act does not find a suitable legal basis.
Because there is a binding stipulation that alcohol bans may only be pronounced in certain public places or in certain publicly accessible facilities - but not across the board.
© dpa-infocom, dpa: 210319-99-891830 / 2