2G rule does not apply to clothing stores in Bavaria

Clothing stores in Bavaria, as well as bookshops or flower shops, are used to "cover daily needs" and are therefore not subject to the 2G rule. This was decided by the Bayerische Verwaltungsgerichtshof on Wednesday. The decision is final.

Clothing not less important than cut flower

At the beginning of December, the state government had decreed that only vaccinated and Genesene had access to the Bavarian retail trade. Retail shops'to meet daily needs' are excluded. Clothing shops are not listed in the Regulation as an exception. According to the judgment of the judges, however, they are also excluded from the 2G rule, "because their importance to the general public does not fall short of those of shoes, books, cut flowers or garden tools and the need for clothing can occur daily".

The Verwaltungsgerichtshof therefore rejected the urgent request of a clothing company against the 2G rule as inadmissible: clothing shops were not covered by the restriction anyway.

Daily needs not precisely defined

Before Christmas, the judges had already made it clear that toy shops were also excluded. The importance and urgency of a daily need to ensure that the transaction is not subject to the 2G rule cannot be seen in the text of the regulation or in the explanatory memorandum. In addition to grocery stores and pharmacies, the regulation includes book and flower shops, garden markets and Christmas tree sales.

The trade association Bayern responded happily, but would have wished for clarity earlier. In the important Christmas business, the sales of Bavarian clothing stores fell by 30 to 40 percent compared to 2019, & quot; because unvaccinated were not allowed in and others were deterred by the long snakes & quot; before the 2G controls, said spokesman Bernd Ohlmann.

"here is Bavaria": the BR24 Newsletter informs you every Monday to Friday about the most important thing from the day at a glance-compact and directly in your private mailbox. Here you can register!