The suspension of the prefectural decree making the health pass compulsory in the shopping centers of Yvelines, decided on Tuesday by the courts, will it snowball elsewhere in France?
In Hauts-de-Seine and Seine-Saint-Denis, several appeals were also filed against this decision, which had been recommended by the State for departments whose incidence rate exceeds 200 weekly cases of Covid- 19 per 100,000 inhabitants.
In Seine-Saint-Denis, the prefect's decree was taken on August 14.
Since then, the Montreuil Administrative Court (TA) indicates that it has recorded five dispute procedures, the last of which was filed on Wednesday by the CGT 93 via an interim relief, which requires the court to rule within 48 hours after the have recorded.
Recording which was made this Wednesday at 8 p.m., according to the union's lawyer and the TA.
Read alsoDespite the suspension of the health pass in the shopping centers of Yvelines, the game is not lost for the government
In its summary, the CGT broadly summarizes the reasons which led to the court decision in the Yvelines.
"But we had already taken the decision to attack the decree before this decision falls", warns Hervé Ossant, the departmental secretary of the CGT 93.
Twelve sites are concerned in the department
Twelve department stores and shopping centers are concerned in Seine-Saint-Denis.
For the CGT, this situation "is first of all worrying for workers' access to their workplace, but it is also so with regard to the public".
The union denounces in particular the fact that many customers find themselves unable to do their shopping in the centers of the department, whose wide choice allows in particular to save some savings.
All the more so a few days before the start of the school year.
The CGT thus criticizes the occurrence of “gatherings of people prohibited from entering establishments where they usually make their basic purchases, especially food, but also, during the pre-school period, of available school materials and at affordable prices. ".
“There are places where improvements could be made,” observes Hervé Ossant.
Access could be organized, for example at the Millénaire in Aubervilliers, where the Carrefour is located at the entrance to the shopping center.
However, the supermarket, like the pharmacy, is no longer accessible without a pass, as checks are made at the entrance to the center.
Four customers attacked the order after being banned
In the department, four individuals have also filed appeals against the prefectural decree, indicates the administrative court of Montreuil.
These are, according to the jurisdiction, customers who have been refused entry to a shopping center or department store.
Of the four procedures, three were through a summary suspension, claiming an emergency character at their request. "These three requests were rejected without a public hearing," said the administrative court. Either, for two of them, because the urgency was not demonstrated by the applicant, or, for the third case, because the application was deemed inadmissible. The fourth appeal, which was brought “to the merits”, will soon be examined by the court.
Regarding that of CGT 93, the administrative court indicates that its examination is "in progress". No hearing had yet been set this Thursday afternoon. Note that the judge can directly reject the request by an order, without a hearing, in only two specific cases: if it “is not of an urgent nature” or if it is deemed “inadmissible or ill-founded”.
