The Strasbourg administrative court on Friday suspended the prefectural decree making compulsory the health pass in shopping centers, considering that it does not guarantee free access to essential goods.
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Seized in summary proceedings by a hypermarket, the administrative justice considered that "the restrictive measures imposed by the prefect of Haut-Rhin apply generally and absolutely to all businesses located in department stores and shopping centers listed and do not provide for any development allowing to reserve access for people without a health pass to establishments selling essential goods within the confines of these stores and centers, in particular to food stores ”.
Consequently, "the execution of the decree of August 18, 2021 is suspended", ordered the judge of summary proceedings.
Six shopping centers and an Ikea concerned
By this decree, taken in the face of an incidence rate exceeding 200 positive cases of Covid-19 per 100,000 inhabitants, the prefect of Haut-Rhin had made the presentation of the health pass compulsory in six shopping centers of more than 20,000 m2 as well. than the Ikea store in Mulhouse.
An appeal against this court decision can be lodged within fifteen days.
Tuesday, the administrative court of Versailles suspended for the same reasons the order of the prefect of Yvelines concerning the obligation of sanitary pass in fourteen department stores and shopping centers of the department.
In early August, the government asked the prefects to impose the health pass for surfaces over 20,000 m2 in the departments where the incidence rate of the epidemic exceeds 200 per 100,000 inhabitants over a week.