Hanover (dpa / lni) – An urgent procedure against the shortening of the convalescence status has been successful before the administrative court in Hanover. The court granted the application for interim legal protection of a man who had complained about the reduction of his convalescence status to 90 days by the Robert Koch Institute (RKI), the court announced on Wednesday.
The man, who tested positive for Covid-19 in November, initially received a certificate of recovery limited to May 2022. After the RKI announced the shortened duration of the recovery status, the man also complained about it with an urgent application.
The chamber granted his application and determined that the person concerned is still considered to have recovered for six months. The main reason for this is that the January amendment was formally unconstitutional. There is no legal basis for delegating the basic determination to the RKI. In addition, the reference to a constantly changing RKI website is not transparent and too vague. The federal and state governments have already agreed that the determination of the recovered status should no longer be delegated to the RKI.
Previously, various other administrative courts, including in Osnabrück and Hamburg, had already decided. In a decision on compulsory vaccination for staff in clinics and nursing homes, the Federal Constitutional Court also recently expressed doubts about leaving such decisions to a federal institute.
The institute had reduced the recovered status from six to three months on its website on January 15 – but only for unvaccinated people, as it later specified. Resentment caused that this change initially went largely unnoticed.
© dpa-infocom, dpa:220223-99-256906/3