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German court rejects lockdown compensation for musicians

August 4, 2023

Martin Kilger sought compensation for five gigs that were cancelled due to lockdown restrictions in 2020. He said he brought his case on behalf of all musicians who suffered during the pandemic.

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Berlin's Alexanderplatz with no foot traffic
Musicians lost work due to lockdown restrictions in GermanyImage: Tobias Schwarz/AFP/Getty Images

Germany's highest civil court has ruled that the government does not need to compensate musicians who lost work due to lockdown restrictions at the beginning of the COVID-19 pandemic.

Musician Martin Kilger had demanded €8,300 ($9,000) for five concerts that were canceled between March and July of 2020.

However, the Federal Court of Justice on Thursday upheld rulings from lower courts that the government's coronavirus restrictions were proportionate to the crisis and necessary to save lives.

"There was no medicine or vaccine at the time," the presiding judge Ulrich Hermann said on Thursday.

He added that the lockdown measures were also necessary "to prevent the healthcare system from being overburdened."

What was the case about?

Kilger, 47, fronts a band and runs a music and film production company in southern Bavaria.

He sought compensation for concerts that were canceled in the nearby state of Baden-Württemberg, and escalated his case from the state level to Germany's highest civil court on behalf of other artists who suffered, he said.

"The life and health of culture have not been protected," Kilger said after the decision was announced on Thursday.

Martin Kilger playing his guitar in a meadow
Martin Kilger is a musician from southern GermanyImage: Karl-Josef Hildenbrand/dpa/picture alliance

The court noted that in addition to the lockdown measures being necessary, German federal and state governments also provided financial support to people affected by lockdowns.

That included federal aid of up to help of up to €9,000 for micro-entrepreneurs, plus additional payments from the Bavarian government between €5,000 and €50,000 for self-employed people.

"The coronavirus affected everyone, the whole society — some more, some less," said Malte Weitner, a lawyer who represented the government in the case.

After the ruling, Kilger said he intends to appeal the decision to Germany's Federal Constitutional Court, which rules on cases involving provisions in the country's constitution.

zc/msh (dpa, epd, AFP)