Verfassungsbeschwerde gegen nächtliches Verkaufsverbot von Alkohol an Tankstellen abgewiesen

Werbung

 

Richter bewerten den Schutz des Allgemeinwohls höher als die Verkaufsinteressen von Tankstellen

 

Wie soeben bekannt wird, hat das Bundesverfassungsgericht die Klage einer Tankstellenpächterin aus Baden-Württemberg gegen das Verbot des Alkoholverkaufs in Tankstellenshops zu nächtlicher Stunde abgewiesen. Die Regierung in Baden-Württemberg will mithilfe dieses Gesetzes die Folgen des übermäßigen Alkoholkonsums in der Nacht, wie z.B. Störungen der Nachtruhe oder Begehung von Straftaten, verhindern. Die Richter teilen nicht die von der Klägerin vorgetragenen Bedenken, dass das Verkaufsverbot ihre durch das Grundgesetz geschützte Berufsfreiheit einschränke. Das Gericht bewertet das Ziel des Gesetzes, als da wäre der Schutze des Allgemeinwohls,  höherrangiger als die kommerziellen Interessen der Gruppe der Tankstellenbetreiber. Ferner meinte das Gericht, dass die Kontrollen dort stärker seien, wo das Gesetz die nächtliche Abgabe von Alkohol zulasse.

 

In einer ersten Stellungnahme zeigte sich die Konstanzer Klägerin, Tankstellenunternehmerin Annette Eisenberg, sehr enttäuscht über das Urteil des Bundesverfassungsgerichtes. Da der Tankstellenfachfrau durch die Verkaufsbeschränkungen Umsatzeinbußen in nicht unerheblicher Größenordnung erwuchsen, hat sie sich zu der Klageerhebung entschlossen. Unterstützt wurde sie vom „Bundesverband der Tankstellen und gewerblichen Autowäsche – BTG“.

 

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