Overview

• The Landgericht Stuttgart dismissed B. H. Holding GmbH's lawsuit seeking over €32 million in damages for losses incurred by Woolworth and Tedi during COVID-19 lockdowns.
• The court determined that the lockdown measures did not violate the constitutional equality principle, citing public welfare as a sufficient justification.
• B. H. Holding GmbH argued that non-food retailers were unfairly forced to close while supermarkets and other 'essential' retailers remained open, selling similar products.
• The ruling is not legally binding, and the company has indicated its intention to appeal, potentially escalating the case to the Bundesgerichtshof in Karlsruhe.
• This case is part of a broader wave of legal challenges in Germany questioning the proportionality of pandemic-related restrictions on various business sectors.