Hamburg – Bothmer Pyrotechnik GmbH has won its case in judicial review proceedings against the fireworks bans issued by the Federal State of Lower Saxony during the New Year period at the end of 2020. The ban imposed has thus been retrospectively deemed unlawful. The Lower Saxony Higher Administrative Court’s ruling in the judicial review was handed down on Thursday of this week. It concerns a Covid-related regulation under which the Federal State of Lower Saxony prohibited the sale and distribution of fireworks, the carrying and letting off of fireworks and other pyrotechnic objects, and the organisation of firework displays for the general public. The ban significantly impacted the business activities of Bothmer Pyrotechnik GmbH. The company objected to the ban in December 2020 through fast-track proceedings and has now had the nullity of the fireworks ban established in the principal proceedings. In its judgment, Lower Saxony’s Higher Administrative Court confirmed its expedited decision of December 2020. The court held that the banning order was much too vague and “questionable” with regard to its infection control objectives. For example, it included all pyrotechnic items, from children’s fireworks such as sparklers through to technical detonators for applications such as car airbags.
In its reasoning, the court emphasised that there had either been no connection with relevant circumstances in terms of infection control law, or it was not clear how the ban was supposed to prevent gatherings subject to infection control law or an increased risk of injuries together with the associated pressure on emergency departments.
A CMS team headed by partner Dr Hermann Müller and Dr Florian Kuhlmann advised Bothmer Pyrotechnik GmbH on all legal aspects throughout the proceedings and represented the firm in court.
CMS Germany
Dr Hermann Müller, Partner, Hamburg
Dr Florian Kuhlmann, Senior Associate, Hamburg, both Public Law
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