Insofar as you, as an entrepreneur or employer, are affected by the new Berlin "closure" regulation (SARS-CoV-2 containment regulation - SARS-CoV-2-EindV) and your company was already closed last weekend or this is imminent in the next few days , it must be carefully checked what to do next. The ordinance may be illegal, but one must seriously ask oneself whether urgent court applications are currently being processed at all.
In our opinion, it is unfortunately also completely unclear whether the officially ordered closure of the business entitles the self-employed to compensation for personal loss of earnings in accordance with Section 56 (3) InfSchG i. V. m. 15 SGB IV exists. In our opinion, the law is "not at all prepared" for this case. The further problem is that a claim for reimbursement under this law would presuppose that the regulation was lawfully issued on the basis of this law, which - as stated - is doubtful. In any case, you will need the latest income tax assessments and, if necessary, the current BWA for a possible refund application.
There may be other claims against the state in the case of illegal closure orders and their enforcement.
According to the law, there would basically be a claim for reimbursement from the state for ongoing operating expenses in accordance with Section 56 (4) InfSchG. Note, however, that the law limits reimbursement claims to “reasonable” business expenses. It is legally unclear whether this will also affect salaries that may continue to be paid.
So far, we have not found a download pdf for a corresponding application for Berlin. If necessary, the application must be made informally or with the form of another federal state.
We are working on providing you with more detailed information and, if necessary, documents on the entire topic here.
Legally, the situation is actually even more difficult for all the businesses or companies that have to close their businesses or intend to do so either due to a loss of orders or because many employees no longer come to work. The following is very clear: A concrete concept must be “crafted” for each individual location and for each individual company in the next few days. There is no general answer to the question of how to deal with the situation legally and actually. Contrary to the partially published reports, we tend to take the view that this situation is not covered by the employer's classic operational risk (he is obliged to continue paying wages, so-called default of acceptance).
Please note that this is all general information and does not constitute or replace specific legal advice in individual cases.