Legal question: Schnitzel Essen in Bavaria
Coronavirus
The gastronomy in the relevant Berchtesgadener Land in Bavaria has been open again since Monday. For some people in Salzburg, the question arises whether they can go to Bavaria for lunch according to the same Austrian lockdown rules.
The freedom of travel is not restricted in principle. This week, however, the lockdown rule still applies in Austria. In other words: You only die if you leave your own apartment for specific reasons – going to the inn is not one of them, says lawyer Christina Holzer-Weiss from the ÖAMTC Salzburg.
“According to information from the Austrian Ministry of Health, stays abroad are permitted for vacation. But that requires an overnight stay. A short stay in Germany during which something IS consumed – eating or shopping, would not be permitted according to the Ministry of Health. “
“What matters is why you leave the apartment”
According to constitutional lawyer Peter Bußjäger from the University of Innsbruck, the decisive factor is why you leave your own four walls. If you leave your apartment with the intention of walking into Freilassing – i.e. to relax outdoors – this is permissible under Austrian law.
If you then get the idea to eat something in an inn in Germany, that is also permitted. German law applies in Germany. And in reality it is practically impossible to control the reason why you originally left your apartment, adds the constitutional lawyer.