On 3 August 2022, the Berlin Administrative Court (1st chamber) held that the police could expel a person participating in a demonstration against the government measures to combat the COVID-19 pandemic, over suspicions that the person might be infected with the virus.
The applicant was participating in a gathering on Hardenbergplatz in Berlin at the end of September 2021. But the police had received anonymous tips that the applicant had contracted COVID-19 at a party a few days earlier. The applicant claimed that the police had infringed his freedom of assembly by expulsing him.
However, the court rejected his claim, holding that his expulsion was justified as the police could reasonably have thought that he was infected with COVID-19 because of the anonymous tip and internet research. When stopped by the police, the applicant had also declared he was ill. The court also held that the expulsion was proportionate, as the obligation to wear a mask, for instance, would not have reduced the risk of transmission to zero in this case.