The prohibition of the use of certain hotel facilities ordered by the countries responsible for the enforcement of the German Infection Protection Act ("IfSG") can have serious economic consequences. Already with the ordinances for protection against the corona virus SARS-CoV-2 of 16 and 17 March 2020 ("Corona Protection Ordinances"), which were issued on the basis of sec. 32 in conjunction with sec. 28 para. 1 IfSG, hotel operations have been severely restricted by the prohibition of tourist offers. Hotel operations incur high losses due to the discontinuation of tourist offers and thus a large number of overnight stays. The question therefore arises whether the hotel operators affected by the prohibitions of use in the above sense can assert claims for compensation against the federal states of Germany.
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