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Greifswald (dpa / mv) - A nursing service and its managing director have failed with a legal protection application against the test obligation for daycare children regulated in the Corona state ordinance.
According to the Higher Administrative Court (OVG), they had asserted that the obligation to perform a PCR test for certain symptoms of the disease or the exclusion from the day-care center led to the absence of employees with day-care children.
However, the OVG had come to the conclusion that the manager and the nursing service were not authorized to file the application, as stated in a communication on Wednesday.
The challenged regulation only has an indirect effect on the applicants, it was said to justify.
In essence, they were referring to the rights of the children to be tested, the caring parents and the clients of the nursing service.
The application was directed against the fact that children in day-care centers have to have a PCR test carried out for symptoms of colds, for example, or that they are excluded from the day-care center for at least seven days.
This would mean that caring parents would be absent for at least one or two days at short notice.
The nursing service had numerous affected employees and saw its fundamental right to freedom of occupation violated.
According to the court, the managing director sees herself indirectly threatened by criminal prosecution, fine proceedings and recourse claims from clients.
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Daycare centers in Mecklenburg-Western Pomerania have been closed since Monday to contain the coronavirus and only offer emergency care.
According to the Ministry of Social Affairs, single parents or parents with at least one working in the critical infrastructure area are entitled to emergency care.
This includes, for example, the health and care sector, police, fire brigade and schools.
© dpa-infocom, dpa: 210421-99-291346 / 2