In its ruling dated May 20, 2026 (Case No. 4 U 168/25), the Stuttgart Higher Regional Court dismissed the appeal filed by a major non-food retail group against the State of Baden-Württemberg, thereby upholding the Stuttgart Regional Court’s ruling dismissing the claim. The plaintiff had asserted claims for compensation due to the business closures ordered during the COVID-19 pandemic in the lockdown phases from March through May 2020 and from December 2020 through April 2021, seeking over 32 million euros in compensation.

At its core, the case centered on the legality of the state’s COVID-19 regulations, on the basis of which non-food retail stores were temporarily closed, while certain privileged retailers were allowed to remain open and sell non-privileged goods as well. The Higher Regional Court dismissed all claims under state liability law. The relevant COVID-19 regulations were lawful. In particular, the measures were proportionate and did not violate the general principle of equality. This is because the infringements on fundamental rights caused by the measures—which were mitigated by extensive aid programs—were justified by the essential service function of the privileged stores and for reasons of infection control.

OPPENLÄNDER represented the state of Baden-Württemberg in the proceedings. The team consisted of: Dr. Malte Weitner (Litigation, State Liability, Infection Control Law), Dr. Maximilian Stützel (Public Law, Constitutional Law), and Anton Müller-Papaioannou (Litigation).

The judgment is not yet final. The appeal was not granted.