German court rules no Masks, no Distancing, no Tests on 2 schools in Weimar.

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Weimar Local Court, Order of April 8, 2021, Ref.: 9 F 148/21

the Weimar Local Court has decided by …

by way of temporary injunction:

I. The management and teachers of the schools of the children A, born on …, and B, born on …, namely the Staatliche Regelschule X, Weimar, and the Staatliche Grundschule Y, Weimar, as well as the superiors of the school management are prohibited from ordering or prescribing the following for these and all other children and pupils taught at these schools:

1. to wear face masks of any kind, especially mouth-nose coverings, so-called qualified masks (OP mask or FFP2 mask) or others, in class and on school grounds,

2. maintain minimum distances from each other or from other persons beyond what was known prior to 2020,

3. participate in rapid testing to detect the SARS-CoV-2 virus.

II. the management and teachers of the schools of the children A, born on …, and B, born on …, namely the State Regular School X, Weimar, and the State Elementary School Y, Weimar, as well as the superiors of the school managements are ordered to maintain attendance classes at the school for these and all other children and students taught at these schools.

III. court costs will not be charged. The children involved shall bear no costs. The parties shall bear their own extrajudicial costs.

IV. The immediate effectiveness of the decision is ordered.

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Reasons

Outline:

A: Facts

I. Introduction

II. the provisions of the Free State of Thuringia on the compulsory masking of children in schools

III. the concrete situation of the children involved in their schools

IV. Legal statements by the mother of the children involved on the rights to which her children are entitled, also from international conventions

V. Legal comments of the court to the parties involved and decision on evidence in the parallel main proceedings

VI. statement by the legal counsel

VII. statement of the other parties involved

VIII. Expert opinion of Prof. Dr. med. Ines Kappstein

IX. Expert opinion Prof. Dr. Christof Kuhbandner

X. Expert opinion Prof. Dr. rer. biol. hum. Ulrike Kämmerer

B: Reasons for decision

I. Admissibility of the request to the Family Court

II. merits of the petition to the family court

1. general

2. the lack of benefit of wearing masks and keeping distance for the children themselves and third parties

3. the unsuitability of PCR tests and rapid tests to measure the occurrence of infections

4. the violation of the right to informational self-determination by rapid tests in schools

5. the right of children to education and schooling

6. result

A: Facts