Most of the lawsuits brought against German Corona measures have now concluded. In only a handful of cases did the plaintiffs win, and the courts frequently did not even hold an oral hearing with an expert testimony.
A February inquiry by “Welt am Sonntag” to all Oberverwaltungsgerichte (OVGs) shows that the courts had already approved the vast majority of Corona restrictions in fast‑track proceedings. It is now clear that even in the full‑case procedure they rarely reached a contrary decision.
For example, the Oberverwaltungsgericht Baden‑Württemberg received 201 norm‑control (constitutional‑law) applications, all of which have been processed. Judgments were handed down in only 16 cases. The court grouped similar lawsuits into pattern‑groups; when a measure was found lawful in one case, many other plaintiffs withdrew their actions anticipating a loss. Of the 16 rulings, the court granted three claims in full, partially upheld three others, and dismissed the rest. Thirteen oral hearings were held, but no formal expert consultation took place.
The OVGs in Lower Saxony and Bremen have likewise completed all cases. In Bavaria, approximately 450 major cases remain, with 14 decisions pending. The OVG Berlin‑Brandenburg still has three active norm‑control cases out of about 100 filed; none of the applications have succeeded to date. The Hessian Verwaltungsgerichtshof still has more than ten pending out of 119 applications, all unsuccessful so far, and it has not conducted oral hearings.
The OVG Nordrhein‑Westfalen has decided over 380 control requests, with only three achieving partial success. Eight cases remain open. Oral hearings were conducted 25 times; no expert hearings were held, although the court notes a substantial evaluation of written scientific assessments in its reasoning.
Because of Germany’s federal structure and the varied jurisdictional and procedural rules, an exact nationwide tally of Corona cases and their outcomes is unlikely. Nevertheless, the Oberverwaltungsgerichte in almost every state are tasked with reviewing state ordinances that set out the most comprehensive COVID‑19 measures.
