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German court declares techno to be music

Fans never doubted it, but now a top German court has confirmed it: techno is music and clubs should benefit from the same reduced sales tax rate as concert halls.

German court declares techno to be music
People at an outdoor party in Berlin's Hasenheide park in July, in place of closed clubs. Photo: DPA

Germany's federal fiscal court BFH agreed with plaintiffs, including Berlin's legendary Berghain club, that they should not have to pay the standard 19 percent VAT on ticket sales when concert venues enjoy a lower rate of seven percent.

In a ruling on October 29th, the court found that “the average visitor” at a techno or house club was there primarily for the music and the DJs, making club nights “similar to concerts”, regardless of whether there were singers or musicians playing instruments.

READ ALSO: 'We've never had such a big threat': German clubs fear for their future

The DJs do more than just play tracks, “they perform their own new pieces of music using instruments in the broader sense, to create new sound sequences that have their own character,” the judges said.

The decision is a rare piece of good news for German nightclubs, which have been forced to keep their doors closed for more than six months now because of the coronavirus pandemic.

Party hotspot Berlin, home to iconic clubs like KitKat, Sage and Tresor that usually draw thousands of revellers, has been especially hard hit by the shutdowns.

Fears are growing that despite government aid, short-time work schemes and crowdfunding efforts, not all venues will survive the crisis.

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COVID-19

Is the pandemic over in Germany?

As much of Germany lifts - or prepares to lift - the last remaining Covid-19 measures, intensive care units say Covid-19 admissions are no longer straining the system.

Is the pandemic over in Germany?

Despite a difficult winter of respiratory illnesses, intensive care units in Germany say Covid-19 admissions have almost halved. The number of cases having to be treated in the ICU has gone down to 800 from 1,500 at the beginning of this month.

“Corona is no longer a problem in intensive care units,” Gernot Marx, Vice President of the German Interdisciplinary Association for Intensive Care and Emergency Medicine, told the German Editorial Network. “A the moment, we don’t have to think every day about how to still ensure the care of patients, but how to actually run a service that can help.”

Marx said the drop has allowed them to catch up on many postponed surgeries.

The number of sick employees in hospitals is also falling, helping to relieve the pressure on personnel.

The easing pressure on hospitals correlates with the assessment of prominent virologist and head of the Virology department at Berlin’s Charite – Christian Drosten – who said in December that the pandemic was close to ending, with the winter wave being an endemic one.

German federal and state governments are now in the midst of lifting the last of the country’s pandemic-related restrictions. Free Covid-19 antigen tests for most people, with exceptions for medical personnel, recently ended.

READ ALSO: Free Covid-19 tests end in Germany

Six federal states – Bavaria, Baden-Württemberg, Hessen, Thuringia, Lower Saxony, and Schleswig-Holstein – have ended mandatory isolation periods for people who test positive for Covid-19.

Bavaria, Saxony-Anhalt, and Schleswig-Holstein have ended the requirement to wear FFP2 masks on public transport, while Berlin, Brandenburg, Saxony, Thuringia, and Mecklenburg-West Pomerania will follow suit on February 2nd.

At that time, the federal government will also drop its requirement for masks to be worn on long-distance trains. Labour Minister Hubertus Heil says that’s when he also intends to exempt workplaces – apart from medical locations – from a mask requirement.

READ ALSO: Germany to drop mask mandate in trains and buses from February 2nd

Bavaria and Baden-Württemberg will also end the requirement for patients to wear a mask in doctor’s offices. That’s a requirement that, so far, will stay in place everywhere else. Federal Health Minister Karl Lauterbach has also said that he thinks this requirement should remain. 

But some public health insurers and general practitioners are calling for a nationwide end to the obligation for wearing masks in doctor’s offices.

“The pandemic situation is over,” National Association of Statutory Health Physicians (KBV) Chair Andreas Gassen told the RND network. “High-risk patients aren’t treated in all practices. It should generally be left up to medical colleagues to decide whether they want to require masks in their practices.”

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