A decision that could snowball? No need for the precious sesame to go to the 14 largest shopping centers in Yvelines. The administrative court of Versailles on Tuesday suspended the prefectural decree imposing the health pass in the fourteen shopping centers of the department of more than 20,000 square meters. Entered into force Monday, the measure was only effective two days.
An appeal was filed this Sunday by two lawyers from the Versailles bar, master Yoann Sibille and master Tarek Koraitem. For the administrative court, this decree does not provide “the conditions guaranteeing access people who do not have a health pass to establishments selling essential goods located within the confines of these stores and centers ”.
An “attack on the fundamental freedom to come and go”
Clearly, the decree applies generally and absolutely to all the shops in these centers. It does not provide for any arrangement for people who do not have a health pass if they wish to buy essential goods in the supermarkets of the shopping centers affected by the measure. In these conditions, “the contested decree seriously and clearly illegal infringes the fundamental freedom to come and go”, considers the administrative court.
On this ground, the question of the legality of prefectural decrees taken in other departments could arise. In Île-de-France, all the prefects have demanded the sanitary pass in shopping centers of more than 20,000 square meters.
For master Yoann Sibille, at the initiative of the appeal, the order of the prefect of Yvelines is marred by several obvious illegalities. “While access to food centers has never been prohibited, even at the height of the health crisis, this decree establishes unequal treatment. »Several shopping centers affected by the measure, such as Parly 2, Vélizy 2, Espace Saint-Quentin or Auchan Maurepas, have stores selling essential goods.
“As a result, people without a health pass have to shop in smaller and often more expensive shops. In addition to the greater health risk, just before the start of the school year, it is not practical at all. “
To which the lawyer of the prefecture replied that people could always have their home delivered or order at the drive. An argument swept away by the court.
What about the other departments of Ile-de-France?
Master Yoann Sibille, also specifies that “this measure is not adapted to local circumstances, the prefect only repeated the order of the Paris police headquarters taken previously”.
On the incidence rate in Yvelines, “on August 20, it stood at 191 cases per 100,000 inhabitants, it is below the limit of 200” set by the government. For the lawyer, this decree is a “pure and simple alignment with the decisions taken by the other prefects of Ile de France”. In Essonne, in Seine-et-Marne, in the Hauts-de-Seine and in Paris, such orders were taken when the 200 mark had not been reached. On the other hand, this was exceeded in Seine-Saint-Denis, in Val-de-Marne and in Val-d’Oise.
According to the council of the Yvelines prefecture, “there is indeed a worsening of the health situation since on August 17, we were at 185 cases per 100,000 inhabitants”.
Contacted, the Yvelines prefecture “takes note of the judgment of the administrative court and indicates that the health pass will no longer be required at the entrance to the 14 shopping centers until further notice”.
A different case law in Toulouse
The Yvelines prefecture is however studying the advisability of appealing to the Council of State, with the services of the Ministry of Health and Solidarity and the Ministry of the Interior. She recalls that the Administrative Court of Toulouse, in a judgment this Tuesday, validated the notion of living area to access basic necessities.
The Leclerc hypermarket center in Roques-sur-Garonne had filed an appeal against the order of the prefect of Haute-Garonne imposing the health pass to access the major shopping centers in Toulouse. The appeal was dismissed.
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