That was decided by the Berlin-Brandenburg Higher Administrative Court on Friday. The Senate Department for Health, Nursing and Equality had filed a complaint against the suspension in the afternoon, "which has not yet been substantiated," said the court.
At the same time, she had requested that an interim ruling be issued to order the suspensive effect of this complaint. This was to prevent the eleven applicants from keeping their restaurants open beyond the curfew of 23 p.m. pending a decision on the complaint, it said. The 1st Senate of the Higher Administrative Court did not comply with the application for the coveted interim ruling. The administrative court had reasonably justified that the opening of restaurants beyond the curfew does not pose a threat to justify the ordering of a curfew. Under the applicable protective and hygiene measures, restaurants would not have a significant share in the infection process. If the prescribed hygiene measures are complied with, encounters in the smallest of spaces are likely to remain the exception. Since only the applicants' eleven restaurants are allowed to stay open after curfew, a large number of visitors should not be expected. In addition, there is a ban on serving alcohol from 23 p.m.