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The Higher Administrative Court of Hamburg (OVG) 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.
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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 nationwide.
Legal experts assume that the city will now restrict the alcohol ban accordingly.
It is expected that certain areas will be designated as alcohol-free zones.
In formal legal terms, the judgment only relates to the applicant's concerns, it is said.
However, since the judgment is final, every Hamburg citizen, if he exceeds the relevant age limit, can claim the right to drink alcohol individually in court.
But this could not be in the interests of the city.
Judge Max Plog, the spokesman for the OVG, said: "After the decision, the city currently only has the option of ordering spatially restricted bans."