Nurse sues district: Osnabrück administrative court investigates mandatory corona vaccination and RKI protocols

The plaintiff, who worked as a nurse at the Quakenbrück Christian Hospital in 2022, was asked by the Osnabrück district to provide proof of her immunity. This request was based on Section 20a of the Infection Protection Act in force at the time. When the nurse did not comply with this request, the district banned her from continuing to practice her profession in November 2022. This regulation was in force until the end of 2022.
Now, almost two years later, the legality of this ban is being examined in court. Essentially, the question is whether the relevant section in its previous form was compatible with the fundamental rights to physical integrity and freedom to engage in a profession. The case may even be suspended in order to submit this fundamental question to the Federal Constitutional Court in Karlsruhe.

RKI protocols in focus
A particularly exciting aspect of the process is the inclusion of the so-called RKI protocols. These protocols, which played a central role during the corona pandemic, are being discussed in court for the first time. The Chamber has invited Prof. Dr. Lars Schaade, President of the Robert Koch Institute (RKI) and then head of the Corona crisis team, as a witness. Schaade will be asked, among other things, how certain passages in the protocols should be understood. The focus here is particularly on the RKI's role in developing the recommendations.

High public interest expected
Due to the importance of the procedure and the first legal review of the RKI protocols, a high degree of public interest is expected. The ruling could not only have an impact on the plaintiff, but also on similar cases nationwide. In particular, the question of whether the vaccination requirement for healthcare and nursing staff at the time was constitutional is likely to be of interest to many affected persons and legal experts. The trial on 3 September could therefore set an important precedent.