Duldungspflicht bei Bundeswehr gekippt – Soldat streitet vor Bundesverwaltungsgericht weiter

The Senate today negotiated how far the corona vaccination obligation for soldiers could be maintained. As of yesterday, the Federal Ministry of Defense has announced that this obligation will be lifted. As a result, procedural questions have been negotiated, including how far the procedure has been completed and how far the plaintiff has a desire to continue in order to achieve a reassuring clarification of the legal questions. As a representative of the petitioner, we personally, as a representative, but also for the petitioner, wish you a full success. Because we have achieved what we wanted to achieve, namely that the Ministry of Defense makes a new decision and has made a new decision on the appropriate admission of the COVID-19 vaccination. It has now been taken out of the basic vaccination scheme, at least according to the previous announcement. Why, in your opinion, can the procedure not be completed when the obligation to be patient is completed? Well, we have been talking about a period since November 24, 2021. At the time, an order from the Federal Minister of Defense, Managing Director Kramp-Karrenbauer, according to which the COVID-19 protection vaccination should have been included in the basic vaccination scheme of the Bundeswehr. I say this in the subjunctive, because today we have asked in a sustainable manner where such an order is. Whether it is written, and if so, if it was issued by visa, to whom it was issued, we have asked several times. And we will now also receive information from the Bundeswehr as to how far such an order has been issued here. The interesting question will then arise if we should not receive the order. Because the chairman has also said that he has not seen it to this day, neither in the original nor in a copy. Then you have to ask the fundamental question of what was intended with the vaccination of the so-called. Because something was included in a protection vaccination scheme that was only approved in advance at a time when not everything was clear. So then, as the Federal Chancellor said, test candidates were sought, which were then found in the Bundeswehr. Yes, so that's just one point. That the regulatory obligation, i.e. the obligation to vaccinate, has already been lifted for a long time. Namely, as far as I can remember, at the end of 2022. Now we have a year and a half later and yet the Bundeswehr has that. But that is not acceptable for this reason. Sweden, as a country, had already decided in parliament on April 1st by law that COVID is no longer a dangerous disease for the population. This should perhaps also apply to the Bundeswehr. And the hospital data have long proven that there is no reason at all to continue the vaccinations. Because they do not protect against anything. They do not protect against hospitalization. Because the data show that mainly the vaccinated in 2022 were in the hospital. And that the infected themselves were with symptoms. This is based on inquiries to the Federal Ministry of Health. They could have had this data. That is, a vaccination that can not have brought anything has, on the contrary, rather worsened the whole event. But no one wants to go there at the moment. Because the Federal Ministry of Defense has just drawn this trump to say, Oh, come on, we'll take the tolerance out now. And that could lead to an execution. But the Bundeswehr still heard today that he was harmless. How did that get to you? That did not go well with the applicant. Because that is simply freely invented. And not the facts are to blame for this statement, but obviously a protection claim. If you mean well-intentioned with the Bundeswehr, you could say, the harmlessness was due to the fact that he was not vaccinated. In this respect, he is harmless. He has no side effect of the vaccination because he is unvaccinated. That is an extreme advantage. But otherwise he took damage, as I said earlier. Half a year sick at home is certainly not a nice state. The question of lawlessness is now in the room. And if further progress of this procedure is found to be lawless from the beginning, then of course this has an immediate effect on all orders. Because then all orders were unlawful and unconditional. What are the further dates? Is an end already foreseeable at this point? The Senate has set two deadlines. One at the end of June, one at the middle of July, up to which the regulations must have been entered. And then the Senate will decide whether a oral negotiation is necessary again or whether it can decide without a oral negotiation.