Lawsuit against lockdown: Fitness First is allowed to reopen the first studios

Horst Galuschka / picture alliance via Getty Images

The Hamburg Administrative Court ruled today in an urgent procedure that the fitness studio chain Fitness First may reopen its eight studios in Hamburg. The closure ordered by the Hamburg Senate in the course of the “lockdown light” is illegal, the company announced in a press statement on the decision.

The reason given by the court: The Hamburg Senate Administration should not have made a decision on its own without the involvement of Parliament because of the encroachments on fundamental rights.

As previously reported, almost all of Germany’s major gym chains had submitted urgent motions against the closings in every state.

Martin Seibold, Managing Director of Fitness First and the LifeFit Group: “Our success in the first instance is a great interim result. We see the decision as confirmation that fitness studios can be part of the solution to the corona pandemic – and should not be seen as part of the problem.

Study shows low infection rate in studios

The industry, including Seibold, has been referring to the positive health effects of training in the gym since the outbreak of the pandemic, including a strong immune system that can help ward off infectious diseases. A Europe-wide study by the European industry association EuropeActive also found an average infection rate of just 0.78 per 100,000 visits to fitness studios.

“Our data also confirm that the well-thought-out protective and hygiene measures are showing their effects. We hope that the Hamburg judgment will point the way for other federal states, ”says Seibold.

Will studios in other federal states be allowed to open soon?

It remains to be seen whether the administrative courts of other federal states will follow suit. Before that, however, the Hamburg administrative court had also rejected the urgent application from another fitness studio operator. In the opinion of the board, the prohibition does not violate the principle of proportionality.

The decision is not yet final, but Fitness First is already preparing to reopen its Hamburg studios.


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