But such a “differentiation between grocery and other trade should have a factual basis,” says Müller. If it is only a political compromise with the Chamber of Commerce, this regulation will also be overturned, he is convinced.
The constitutional lawyer Heinz Mayer sees it similarly. He also does not recognize any valid reason for the differentiation between the business types. The VfGH had explicitly requested that the ministry transparently justify such unequal treatment and state its information base. Garden centers had preferred a regulation lifted by the VfGH over other large businesses – for no understandable reason.
According to the Ministry of Health, however, there is a substantiation for the partial mask requirement: it applies to those shops that are vital for risk groups for shopping, such as supermarkets. The ministry also referred to a specialist report by the infectiologist Herwig Kollaritsch, who is part of the Corona task force run by health minister Rudolf Anschober (Greens). He considers the mask to be compulsory only in those areas “whose visit is also an almost unavoidable must for those at risk”.