The group Aufstehen für die Kunst has filed an appeal with the European Court of Human Rights (ECHR) against the Bavarian Constitutional Court’s dismissal of a popular action concerning cultural closures during the coronavirus pandemic.

The appeal, commissioned by the organization, lists Wolfgang Ablinger-Sperrhacke, Kevin Conners, Thomas Hengelbrock, and Anne-Sophie Mutter as plaintiffs. It was received by the ECHR on November 21, 2025.

During the pandemic, Bavarian cultural venues remained closed for more than 12 months—longer than during World War II—while religious institutions and non-essential retail reopened months earlier. Studies indicate virus transmission in theaters with half occupancy, mandatory masks, crowd management, and modern ventilation is “virtually impossible,” whereas clusters were documented in religious settings, which reopened first.

The appeal, written by Ablinger-Sperrhacke also notes that Bavarian state employers reduced compensation for artists under valid contracts and only partially supported freelance performers. Many self-employed artists faced inadequate aid and repayment obligations, highlighting what the plaintiffs describe as unequal treatment and financial risk shifted from the state to individual artists.

In August 2025, the Bavarian Constitutional Court dismissed the popular action as inadmissible, citing that the contested legal norms were no longer in force and that the state had discontinued related fines in November 2024. The court ruled there was no ongoing interest in assessing whether the pandemic closures of theaters, opera houses, and concert halls complied with the Bavarian constitution or its protections for cultural institutions.

The complaint to the ECHR seeks to clarify whether the total closure of cultural institutions violated rights protected under the European Convention on Human Rights, including artistic freedom, freedom of occupation, equal treatment, fair trial, and property rights. A favorable ruling could set a precedent across all 47 ECHR signatory countries.