Students in Berlin still have to test themselves twice a week for an infection with the corona virus. This was announced by the administrative court in Berlin on Friday. The test requirement, which Berlin is the only federal state to adhere to, is legal, as the court decided. On the other hand, it rejected several urgent applications (Ref.: VG 3 L 143/22, etc.).
The applicants objected to the fact that attendance at the school in Berlin is only permitted if students undergo a corona test twice a week and the test result is negative.
The court had previously ruled that there were no serious objections to compulsory testing in schools. It is formally lawful and can also be ordered as a protective measure independently of an epidemic situation of national importance determined by the Bundestag. The legislature deliberately gave the states some leeway.
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There is also no impermissible unequal treatment of schoolchildren and employees in office and administration buildings, for whom tests are no longer compulsory. And it is also not objectionable that vaccinated and recovered students are not exempt from the test requirement. An infection cannot be ruled out by vaccination or recovery alone.
