The Federal Court of Justice again ruled on the question of claims under state liability law in connection with the so-called “first lockdown”. The case concerned a professional musician whose performances were cancelled due to the event bans. In contrast to the Higher Regional Court of Stuttgart, the Federal Court of Justice held that these measures, which indirectly affected the plaintiff, also interfered with Articles 12 and 14 of the German Constitution. However, this encroachment was justified, in particular because the event bans were continuously reviewed and adapted to the pandemic and because the effect of the measures was mitigated by aid programs.
The Federal Court of Justice also held that the legislator of the German Infection Protection Act was also not constitutionally obliged to regulate further compensation claims. Taking into account the entrepreneurial risk, the period of the measure had been reasonable.
