The Higher Administrative Court (OVG) Lüneburg has the 2G regulation for the use of open-air sports facilities in Lower Saxony suspended. As the court announced on Tuesday, the 14th Senate gave a Urgent application from a golfer held who is not vaccinated or recovered. The regulation in the Corona Ordinance is not compatible with the general principle of equality. The decision is final. Although this means that the regulation for team sports has also been repealed, the judges decided that it could be prescribed.
The comprehensive ban on the use of sports facilities in the open air by people who do not have proof of vaccination or recovery prove to be inappropriate and constitutionally unjustified interference into general freedom of action. According to the court, when practicing sports with a large number of physically strenuous people in closed rooms, there is a significantly increased risk of infection, which justifies restricting access to vaccinated and recovered people.
When using sports facilities in the open air, such a significantly increased risk of infection cannot always be identified. Without a doubt, it exists where team sports are practiced, which cannot be expected to comply with a distance requirement or a mask requirement – for example football, basketball. In the opinion of the OVG, however, there is no increased risk of infection when practicing individual sports in the open air (track and field, tennis, golf).