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Dresden (dpa) - The first Saxon corona protection ordinance in April 2020 was ineffective.
That was decided by the Higher Administrative Court (OVG) in Bautzen a year later.
In its main decision published on Wednesday, the OVG complained that the formulation at the time on "Sport and exercise in the open air primarily in the vicinity of the living area ... in the exceptional case with another person not living in the household" was too vague.
From this it cannot be seen what was still allowed and what was not.
The vague wording on outdoor sports meant that the entire regulation was ineffective.
Without sport and exercise, the other exit restrictions imposed would have "represented an inappropriately heavy burden for all those affected," said the OVG.
The corona protection regulations only apply for a few weeks.
The court in Bautzen had already dealt with the first regulation in April 2020 in an urgent procedure (Az .: 3 B 111/20).
At that time, the judges had come to the preliminary opinion that the term “surroundings of the living area” could be understood to mean a radius of 10 to 15 kilometers around the apartment.
After the in-depth examination in the main proceedings, it could no longer be adhered to, the OVG said.
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The decision is not yet final.
Due to the fundamental importance of the case, the OVG has approved an appeal to the Federal Administrative Court (Ref .: 3 C 8/209).
It can be inserted within four weeks.
© dpa-infocom, dpa: 210421-99-298434 / 2
Notification of the OVG on the decision in the emergency procedure
Notification of the OVG on the decision in the main proceedings