The Hamburg Administrative Court has granted the urgent application of a vaccinated high school student and a vaccinated elementary school student against the compulsory mask and corona test in schools.
They are encroachments on the applicant's right to schooling and therefore require a basis in legislation, the court said on Wednesday.
However, the containment ordinance does not contain any full regulations for the mask and test requirements in schools.
Rather, the legislator places a regulation at the discretion of the school authorities.
This is not justified.
In the opinion of the administrative court, the intervention is disproportionate to the state of knowledge of the summary proceedings.
The school authorities have neither explained nor are it otherwise clear why schoolchildren should be tested regularly, although the model corona hygiene plan does not provide for this for all other vaccinated people in schools.
The intervention is also likely to violate the federal exception ordinance, according to which, in principle, vaccinated and recovered people no longer have to be tested.
However, the court decision is unlikely to have any major impact.
On the one hand, according to the information, it only applies to the two applicants.
On the other hand, the mask requirement in schools will be lifted from next week anyway, as Mayor Peter Tschentscher (SPD) announced on Tuesday.
However, the corona tests should be continued for a while, but no longer three, but only twice a week.