Neither the Paul Ehrlich Institute nor the Robert Koch Institute may specify when vaccination protection is complete.
This was decided by the administrative court in Darmstadt in an urgent procedure.
As stated in a statement from the court on Thursday, an applicant had sought temporary legal protection against the fact that his one-time vaccination with Johnson & Johnson was suddenly considered incomplete in mid-January 2022 and that he would have had to be vaccinated again for complete vaccination protection .
He asked for his full vaccination status to be renewed.
Anna Sophia Lang
Editor in the Rhein-Main-Zeitung.
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However, after a summary examination, as is usual in summary proceedings, the court rejected the application.
The chamber responsible for infection protection law came to the conclusion that the fact that the two institutes had determined the criteria contradicted the rule of law and the principle of democracy.
Because the underlying regulation alone authorized the federal government to “determine the conditions for facilitations and exceptions in the context of the Covid 19 pandemic”.
So she alone can in turn authorize the state governments to issue further rules.
Especially when fundamental rights are at stake, as in the present case, it is illegal to transfer the decision to the institutes.
Therefore, according to the administrative court, the original decision that a single vaccination with Johnson & Johnson corresponds to a complete vaccination protection is illegal.
However, the court cannot make its own rule on the period of validity at this point because there is no legal or regulatory basis for this.
The decision is not final, the applicant can lodge a complaint with the Hessian Administrative Court.