In March 2020, in order to effectively combat the coronavirus pandemic and reduce the risk of infection, most federal states in Germany took strict temporary measures and imposed so-called "contact bans" or "curfews" in response to the constantly growing number of people falling ill and dying. "curfews" were imposed. They are based on the Infection Protection Act. Anyone who violates the new rules risks the imposition of sometimes substantial penalties and fines. Various state governments have now drawn up catalogs of fines to implement the contact ban, while cities have issued general decrees to contain the novel virus.
Corona Control Ordinances of the state governments
As an example, the state government of Rhineland-Palatinate issued the Third Corona Control Ordinance (3. CoBeLVO) on March 23, 2020. According to § 1 of the regulation, bars, clubs, discos, pubs, restaurants, dining rooms, cafeterias, canteens, cafes and similar establishments are closed. In addition, sports activities are also closed at and in all public and private sports facilities, swimming and fun pools, fitness studios, saunas, thermal baths, solariums, wellness facilities, sports boats and similar facilities. Driving schools must also remain closed, as must playgrounds and retail outlets, in particular outlet centers and similar facilities. Overnight accommodation for tourist purposes is also prohibited. This also applies to the operation of RV parks and campsites. Meetings of religious and faith-based communities are also prohibited, particularly in churches, mosques and synagogues. The holding of events of any kind is prohibited. According to § 4 of the regulation, staying in public spaces is only permitted alone or with one other person not living in the household and within the circle of members of one's own household. A minimum distance of 1.5 meters is to be maintained in public wherever possible from other persons than those mentioned in sentence 1. According to §5, all regular school events, in particular lessons and regular care services, are canceled at all schools in Rhineland-Palatinate. Child day care centers will also remain closed, with the exception of emergency care for children in certain professions (health and care professions, police, emergency services). There is a ban on visiting nursing and care homes.
Catalog of fines
The state government of Rhineland-Palatinate has issued interpretation notes for the punishment of administrative offenses under the Infection Protection Act (lfSG). Anyone who violates § 1 para. 1 sentence 1 no. 1 to 7, for example, by keeping a bar open during the coronavirus crisis, can expect a fine of €4,000 to €5,000. Those who continue to operate a driving school or a retail outlet without authorization risk a fine of €2,500. A fine of €1,000 can be imposed for non-compliance with protective measures, hygiene regulations, access control or access granting. 200 euros will be imposed for gatherings and gatherings in public of more than two people who do not fall under the standardized exceptions. If the required minimum distance is not maintained, a fine of 100 euros is threatened. The Infection Protection Act also contains criminal offenses for serious violations in § 75 IfSG.
General decrees of cities
In addition to the ordinances of the state government, some cities have also issued general decrees for the enforcement of the law for the prevention and control of infectious diseases in humans.[1] The city of Jena initially requires everyone to wear a mouth and nose protector until April 19, 2020, especially on public transportation, in open retail stores, when entering places for the delivery of food or drinks to go or delivery and in areas where the minimum distance of 1.5 meters cannot be consistently maintained. This has been reported in national media. The protective measure is considered necessary by the city to prevent the transmission of droplet particles through coughing, sneezing, speaking and breathing. Also recognized are "self-made masks made of cotton, dish towels, T-shirts, etc."
Legality of official decrees
A constitutional complaint filed by a Berlin resident against the bans and restrictions imposed to contain the coronavirus pandemic in §§ 1, 14 of the Berlin state ordinance on necessary measures to contain the spread of the novel coronavirus SARS-CoV-2 was unsuccessful.[2]
Controls in practice
Police vehicles regularly patrol urban parks in particular and check compliance with the measures of the state governments. Nationwide, the number of initiated fine proceedings is likely to be in the thousands in the first few days of the contact ban. In this context, it is highly recommended that specialized lawyers review the penalty notices.
[1] www.gesundheit.jena.de ("Implementation of the law for the prevention and control of infectious diseases in humans").
[2] Order of March 31, 2020, 1 BvR 712/20.
The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.