Nrw: court overturns quarantine obligation for foreign returnees
Travelers returning from risk areas abroad no longer have to stay in quarantines for the time being, following a court ruling in north rhine-westphalia.
The north rhine-westphalia ministry of health has suspended the state’s corona entry regulation a few hours after a decision by the higher administrative court in munster (OVG). The judges had dealt with the complaint of a holidaymaker at whose destination the infection figures are lower than in his home country – he therefore considers quarantines on return to be inappropriate. The judges followed his argumentation.
"Since the OVG has raised significant concerns about the central provisions of the ordinance and has overruled them, the entire ordinance is no longer applicable, effective immediately," a ministry spokeswoman explained on friday evening in response to a question from dpa. According to the NRW ministry of health, the OVG’s decision calls into question the federal government’s previous system for designating foreign risk areas.
The plaintiff from bielefeld was in ibiza until 13. November and then traveled on to tenerife. On 22. November he wants to fly back to germany. Because the value of the new infections per 100.000 inhabitants within seven days on the balearic islands is significantly lower than in bielefeld, he defended himself against the accusation of being qualified as suspected of infection.
The tourism policy spokesman of the FDP parliamentary group, marcel klinge, said: "the ruling is a good signal for the travel industry and vacationers. If travel returnees do not pose a serious danger, the regulations on quarantine must now be adapted. In this context, tests for travelers should also play a greater role again, in order to make safe travel possible once more. Testing instead of blanket quarantine must be the goal."
Matthias von randow, chief executive of the german air transport association (BDL), said: "the ruling in north rhine-westphalia confirms that the blanket quarantine requirement for travelers from risk areas is not acceptable."There is a need for a differentiated designation of risk areas that takes into account the actual risk of infection – and an effective testing strategy with rapid tests at the airports.
In the opinion of the higher administrative court, the state has not taken into account that travelers returning from countries with lower infection rates than their place of residence are exposed to a higher risk of infection after returning home. Thus, the quarantine is currently not a suitable means of containing the corona pandemic in germany, the court announced. The decision cannot be challenged (ref: 13 B 1770/20).NE).
The overturned regulation stipulates that returnees from foreign risk areas must go into domestic quarantine (segregation) after entering north rhine-westphalia and may not receive visitors from other households for ten days.
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