[Edit: L’article a été mis à jour ce mardi avec la suspension de l’arrêté préfectoral dans les Hauts-de-Seine.]
The “domino” effect started on August 24 in the Yvelines and continues. Saturday, the prefectural decree that the presentation of the health pass in the
shopping centres de l’Essonne was suspended by the administrative court of Versailles. This Tuesday it was Hauts-de-Seine’s turn to experience the same result. The last but probably not the last: less than a week after the entry into force of the measure, appeals have been lodged in all the departments of the Ile-de-France: for example, a hearing was held on Monday morning on the subject of the decree taken in the Val-d “Oise, there’s one more to take place for Paris this Tuesday afternoon.
“All our professions are based on the same criterion of access to essential goods », assures me Tarek Koraitem, at the origin of these calls with his colleague Me Yoann Sibille. In both the Yvelines and Essonne, the judges of the Administrative Court ruled in their favor: by haphazardly imposing the health pass at the entrance of shopping centers, these decrees prevent those who do not have access to certain essential shops. , especially supermarkets and pharmacies, thereby violating equality between citizens. “There is no political dimension to our struggle, the council emphasizes. We are not for or against
vaccination, we’re just on the right side. “
Two weeks appeal
If the two lawyers do not use the improvement of the health situation in the region as an argument, that also plays in their favor. In the Hauts-de-Seine, for example, the sub-district court finds that it “has not been proven that the decree is of significant importance to achieve the objective of controlling the epidemic”, as the incidence began to decrease before it was implemented. . At the beginning of August, the government had asked the prefects to impose the health pass for areas of more than 20,000 m² in the departments where the incidence is greater than 200 per 100,000 inhabitants. However, there is now only Seine-Saint-Denis that shows such a course. “At several departments we were already below 200 cases per 100,000 when orders were taken,” notes Me Tarek Koraitem.
However, the cabinet has not yet said the last word and is refusing to talk about a development for the time being. As soon as the decree in the Yvelines was suspended, he announced his intention to appeal against this decision. “For now we are still waiting”, assures Me Tarek Koraitem. We were not notified of any proceedings. “
For the Yvelines, the maximum period is 15 days until Tuesday 7 September. On RTL, Sunday, Gabriel Attal reiterated the executive’s intention to appeal these suspensions. “We believe that the health pass should remain in place for the time being in the places for which it is planned,” the government spokesperson emphasized.