Hairdressers that were closed during the first lockdown in spring 2020 are not entitled to compensation for loss of income. This was recently decided by the Federal Court of Justice (BGH) (III ZR 41/22). In this case, a self-employed hairdresser had filed a lawsuit. She demanded compensation of 8,000 euros for the six-week closure of her business to combat the pandemic. The defendant state of Baden-Württemberg had temporarily banned the operation of hairdressing salons and other establishments. The plaintiff received emergency aid of 9,000 euros during this period. However, she has to pay this back.
On appeal, the judgment of the Heilbronn Regional Court was confirmed and the plaintiff's appeal was rejected. According to case law, traders who suffered financial losses due to pandemic-related protective measures such as business closures are not entitled to compensation under either the Infection Protection Act or general police and regulatory law. The six-week business closure was deemed appropriate, particularly taking into account the overall economic, social and other effects caused by the pandemic.
The BGH found that the closures pursued the legitimate goal of protecting public health and combating the risks of the pandemic. The intensity of the intervention was mitigated by state aid measures, including the "Corona emergency aid", which reached 245,000 approvals in Baden-Württemberg with a total volume of 2.1 billion euros. In the end, it was determined that the state is not constitutionally obliged to regulate compensation claims for burdens associated with the plant closures.
Source: bundesgerichtshof.de
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