The Frankfurt administrative court upheld the lawsuit of a tourist in Portugal. The vaccinated took action against the quarantine ordered by the health department.
Frankfurt / Main – The quarantine requirement for travelers to Portugal was overturned by the Frankfurt Administrative Court. This was four days before the corona-related entry rules were relaxed when they returned to Germany. The imposed quarantine was unlawful in the opinion of the administrative court and, according to the court, amounted to unequal treatment.
|Population:||10.28 million (2019) Eurostat|
|President:||Marcelo Rebelo de Sousa|
|New infections (7-day incidence)||188.2 (as of July 13, 2021)|
The fully vaccinated vacationer traveled to the Portuguese island of Madeira on June 26th. Three days later, the federal government declared Portugal a corona virus variant area, which resulted in stricter entry rules, before the federal government recently revoked the classification on July 7, 2021.
Quarantine obligation overturned: Order of the health department despite negative PCR test
However, the woman returned to Germany from her vacation in Portugal on July 3, 2021. She brought a negative PCR test with her. Nevertheless, the Frankfurt health department informed her that she had to go into quarantine at home for 14 days. The holidaymaker then decided to take legal action against the quarantine requirement.
The Frankfurt Administrative Court gave her right, as a court spokeswoman said on Monday, July 12, 2021.
Court sees vacationers treated unequally if quarantine is ordered
The court executed the judgment as follows: The woman could have avoided the quarantine entirely if she had returned to Germany four days later, i.e. immediately after Portugal was downgraded to the high-incidence area. The Madeira vacationer would therefore be treated unequally: Why she should be classified as “more dangerous” in terms of the Infection Protection Act than someone who returned at a later point in time immediately after the area was downgraded cannot be understood.
Objections to the decision can be lodged with the Hessian Administrative Court in Kassel within two weeks of delivery. (Ref .: 5 L 1908 / 21.F) The case is an example of a situation that could become “virulent” for travelers returning from the downgrade of other virus variant or high incidence areas, according to the court spokeswoman. * Kreiszeitung.de is an offer from IPPEN.MEDIA.
List of rubric lists: © Boris Roessler / dpa