Yvelines. Health pass in shopping centers: justice suspends the order of the prefect – actu.fr

Through Francois Desserre
Published on 24 August 21 at 18:13

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This Tuesday, August 24, 2021, Yoann Sibille pleaded before the administrative court of Versailles to cancel the prefectural decree related to the health pass in the shopping centers of Yvelines. (© 78actu)

INFO 78ACTU – The administrative court of Versailles suspended the decree taken by the prefect of Yvelines, imposing the health pass in 14 major shopping centers in the department. The measure, published on August 19, came into effect on Monday August 23.

This court decision is effective immediately.

Faced with the text, two lawyers had decided to take legal action in the form of summary proceedings. The hearing was admitted, urgently, this Tuesday, August 24.

Yoann Sibille spoke for two, putting forward a series of arguments to try to convince the magistrate to suspend the prefectural decree.

“Imposing the health pass is a measure that seriously undermines fundamental rights, especially the right to come and go. No one, since the start of this crisis, had forbidden someone to go to a food store. Government spokesman Gabriel Attal said that the law of August 5 took into account the presence of other businesses in the catchment area concerned. It’s wrong. There, the prefect of Yvelines modeled the measures taken by Paris. Yesterday it was impossible for me to go to Auchan, La Poste or the pharmacy. It is a flagrant violation of the law. “

Yoann Sibille,Attorneys.

In his argument, the lawyer doubted the effectiveness of the measure. “What’s the point of pushing people into small businesses? It will be good for the business of traders. But how can we suggest that it is less dangerous to concentrate in a small area. “

An “eternal” decree?

And to continue: “The decree has no time limit. So he is eternal? General? Absolute ? Why doesn’t he fix things correctly, taking into account attendance, differentiating the week from the weekend? “

The 200 incidence rate never exceeded

In terms of health precisely, Yoann Sibille asked another question.

“We were told that the health pass should be imposed when the incidence rate (number of positive virological tests per 100,000 inhabitants) was 200. However, on August 20, it was 187.28. And he’s falling. And worse, he never hit 200. It’s incomprehensible. “

The defense of the prefecture

Faced with him, the prefecture argued a general worsening of this rate between the 1^er August (at 162.98) and August 20.

“Regarding the living areas, the prefect looked carefully. And there are other businesses and therefore other possibilities to access basic necessities. As for those who would like to go to a pharmacy present in a center, this is normally possible from a converted corridor or on presentation of proof of appointment. Finally, the decree is naturally limited by law to November 15. “

The representative of the prefect.

Guarantee access

In her decision, the summary judge clarified.

“Articles 1 and 2 of the decree of the prefect of Yvelines of August 19, 2021 establishing the list of department stores and shopping centers in Yvelines whose access is subject to presentation of the health pass are suspended as long as they do not provide the conditions guaranteeing access for people who do not have a health pass to establishments selling basic necessities located within the confines of these stores and centers. “

The summary judge.

During the hearing, the magistrate was moreover more particularly interested in access to pharmacies or quite simply to the food shelves of supermarkets integrated into the centers.

More than satisfied, Yoann Sibille felt that it was “a big step for the freedom to come and go. “

Contacted, the prefecture told us to wait for the notification of the court to take a position. And decide what she was going to do. Perhaps an appeal to the Council of State.

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An “eternal” decree?

The 200 incidence rate never exceeded

The defense of the prefecture

Guarantee access

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