German court to rule on Bundeswehr soldier's refusal of COVID-19 vaccine

The Bavarian Supreme State Court (BayObLG) in Bamberg is set to determine whether a Bundeswehr officer acted lawfully when he refused a mandatory COVID-19 vaccination in early 2022. The case centers on a 36-year-old lieutenant who, while stationed at the Army Infantry School in Hammelburg, repeatedly declined the injection despite medical evaluations finding no health-related reasons for refusal.

Following his refusal, the soldier was removed from his training course and returned to his home company, where he continued to decline the vaccine. This legal battle follows two previous acquittals. In September 2023, the Bad Kissingen District Court acquitted the defendant, citing the proportionality of the mandate in light of declining infection rates and known side effects. Subsequently, the Schweinfurt Regional Court dismissed an appeal by the prosecution, ruling that the defendant acted based on a sincere and sustained freedom of conscience.

The prosecution has appealed these decisions to the BayObLG. This upcoming hearing is scheduled for a single day, and the court's decision will be final, as no further ordinary legal remedies can be sought against it.