Subsidiary Schuh Mücke feels disadvantaged by the Infection Protection Act
The ANWR Group, through its subsidiary Schuh Mücke GmbH Schweinfurt, has filed a constitutional complaint with the Federal Constitutional Court in Karlsruhe against parts of the Federal Infection Protection Act and the Bavarian Infection Protection Measures Ordinance. Due to the dramatic economic situation in the shoe trade, the trade cooperation sees the need to point out serious constitutional violations to the Constitutional Court and bases the lawsuit in particular on the fact that shoe shops “serve basic supplies and the health-related needs of the population”.
From the ANWR Group's perspective, the current regulations result in unequal treatment of the shoe trade in relation to other basic supply stores that are allowed to be open regardless of the incidence. This also applies to the food trade, which is allowed to sell footwear as part of the incidence-independent opening. The current regulations ignored the previous decision of the Bavarian Administrative Court of March 31, 2021, which defined shoes as part of basic care, according to the ANWR.
“Giving preference to grocery stores represents improper unequal treatment, as only infection protection reasons can be considered,” said Fritz Terbuyken, the board member responsible for the shoe sector. From an infectiological point of view, it makes no difference whether a shoe is purchased in a grocery store or a shoe store. The group argues that opening shoe shops would even lead to a better distribution of buyer flows for footwear. However, the demand for shoes in grocery stores is particularly due to the closed shoe stores and at the same time there is a significant need for shoes. From an infection protection perspective, it is also completely incomprehensible that shoemakers' shops and bookstores are allowed to be open regardless of the incidence.
The ANWR Group believes that shoe retailers have had their fundamental rights violated, as the current Infection Protection Act violates the principle of proportionality and thus the constitutional principle of the rule of law. Shoe stores served the basic supplies and health-related needs of the population. According to the Robert Koch Institute, retail only has a small influence on both the individual risk of infection and the overall transmission process. The closure of the shoe shops in accordance with the principle of proportionality is therefore not necessary and not appropriate.
The long closure of shoe shops has significant consequences for the foot health of the general population. In addition, the long closure period caused by the second lockdown led to loss of sales for the entire shoe retail sector that threatened the existence of the company. The constitutional complaint that has now been submitted is intended to end the grievances in the current regulatory situation and bring legal clarity for the future.
