The health pass will therefore remain compulsory in shopping centers of more than 20,000 m2 in Paris such as Italie 2, Galeries Lafayette or BHV.
The decision was rendered on Wednesday by the administrative court of Paris, which had been seized by a citizen who considered that
"access to essential goods is hampered by the health pass in shopping centers
" according to his lawyer Yoann Sibille.
A decision that goes against the suspensions of the health pass in shopping centers recorded in recent days by the administrative courts of Haut-Rhin, Hauts-de-Seine, Yvelines, Val d'Oise or even the Essonne.
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Decision of the Council of State in the coming days
"All these disparities from one shopping center to another require national harmonization with a decision of the Council of State"
, now wishes Yoann Sybille, who has filed several appeals against the health pass before the administrative courts.
On Sunday, the government therefore announced through the voice of its spokesperson that it had appealed to the Council of State against the decisions of the administrative courts to suspend the health pass, a Council which should rule in the coming days.
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On the instructions of the government, from mid-August, the prefects had indeed established the health pass in shopping centers of more than 20,000m² in their departments. Theoretically, the pass should be introduced when the epidemic incidence rate exceeded 200 per 100,000 inhabitants over a week. But in fact, many shopping centers, such as those in Yvelines or Val d'Oise, remained subject to the past while being below this threshold set by the government. Hence the numerous appeals before the administrative tribunal.
“Today, the government is pushing the prefects to impose the health pass everywhere, regardless of the local health situation, and above all in defiance of the threshold that the government has itself set, namely the incidence rate of 200 new cases in one week in 100,000 people! »
, Deplores the president of the Federation of Commerce and Distribution Jacques Creyssel.
The representative of the owners of shopping centers denounces
"the confusion"
generated by the prefectural decrees.
“Customers no longer know which centers are asking for the pass or not,” he
observes.
Attendance in shopping centers is down 20 to 35% ”.
Soon the end of recourse
Whatever happens, “
the decision rendered by the Council of State should put an end to most appeals. It will not have an indisputable value and will not block all the prefectural decrees, but the Council of State will surely require the prefects to justify their decrees with great rigor, on the basis of epidemiological data.
»Explains the lawyer specializing in public freedoms Théo Clerc.