According to information from YACHT online, two applications for judicial review were received yesterday by the Schleswig-Holstein Higher Administrative Court in Schleswig. A harbour operator and a berth holder are contesting the general closure of recreational boat harbours in accordance with Section 6 (3) No. 8 of the Schleswig-Holstein State ordinance on measures to combat the spread of the novel coronavirus SARS-CoV-2 and the previous practice of closing ports by decree even without this explicit regulation.
A decision by the court is not expected until after the opening of the ports, which was announced by the state government for 4 May subject to conditions. Port operators are nonetheless awaiting the clarification of this legally sensitive issue with great hope, as it will determine whether claims for damages can be asserted against the state.
However, many users of the mostly municipal marinas are annoyed because it is to be feared that they may only be visited by the children of the state for the time being. The ban on entry for "tourist purposes" is likely to remain in place beyond 4 May. Non-resident berth holders will then be asked to pay by their landlord, the state of Schleswig-Holstein, but will be prevented from using the rented property. Frustration has been mounting since yesterday, particularly because owners of second homes will be prevented from entering the country from 4 May. allowed again should be.
Lasse Johannsen
Deputy Editor in Chief YACHT
