Restaurants may be allowed to exclude non-vaccinated customers in Germany

The Hofbraeu in Berlin

Credit: Markus Schreiber/AP

German Health Minister Jens Spahn has indicated that private businesses may be able to ban customers who haven’t been vaccinated.

 Speaking with tabloid Bild on Wednesday, Mr Spahn appeared to walk back earlier comments stating that those who had been vaccinated would not receive special privileges.

He said on Wednesday that while public institutions like hospitals, town halls or public transport would not be legally allowed to refuse those who have not been vaccinated, such distinctions could be legal in the private sector.

Mr Spahn said he believed that “it would be possible” under German law for a pizzeria to serve only vaccinated people.

On Monday, Spahn told the Bayerischer Rundfunk radio and television network that those who had not yet been vaccinated should “wait in solidarity” with those who had.

“Nobody should claim special rights until everyone has had a chance to vaccinate,” he said.

“We are fighting the pandemic together — and we will only overcome it together”.

Private companies may also be allowed to require their employees to get vaccinated “if the employer can prove that the work would not be possible without a vaccination” labour law specialist Volker Römermann told Germany’s ZDF on Tuesday.

Germany’s Federal Interior Minister Horst Seehofer said while everyone was encouraged to get the vaccine, special rights would not be allowed in the public sector as it would be a back door to compulsory vaccination.  

The news comes after Spain on Tuesday declared it would be keeping a register of everyone who refuses to be vaccinated, regardless of the reason.

“What we will have is a register which will also be shared with our European partners… detailing those who have been offered it and rejected it,” Spain’s Health Minister Salvador Illa told Spanish broadcaster La Sexta on Tuesday.

Around 60,000 people have now been vaccinated in Germany since the campaign began on Saturday, December 26th.

On Wednesday, Germany recorded 1,129 deaths in the 24 hours, marking the first time since the pandemic began where over 1,000 deaths have been recorded in a 24-hour period.

Spahn said on Wednesday that he has “no doubt” Germany’s coronavirus lockdown measures will be extended beyond January 10th, the date on which they are set to expire.