22 April 2020

Retail Legislation

Provisions for retail in the regulations of the Federal States of Germany for the containment of the Corona pandemic

Retail restrictions to combat the corona pandemic have recently been eased in Germany. These changes were legally regulated by adjustments to the corona regulations in the German Federal States. To provide an overview, we have summarised the new regulations and commented them briefly in the light of the latest case law. Many legal questions are still open, due to the new, unknown challenges we face. Nevertheless, there are doubts whether all regulations comply with legal rules deriving especially from constitutional law. Of particular note is a very recent preliminary decision of the Hamburg Administrative Court which overruled the prohibition on opening retail shops with a sales area of more than 800 sqm in Hamburg. This may be a first sign of an emerging discussion on the general admissibility and the designs of the different restrictions.

To pdf-version: Retail Legislation

We have compiled on our website comprehensive information and recommendations for action in response to the legal implications arising from the coronavirus pandemic: Coronavirus - legal issues

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