Wallonia Covid Pass Case

Wallonia Covid Pass Case

Re: the Legality of using passes to access public spaces– turning rights into privileges

Facts of the Case

Dates: Nov 12(?) 2021
Location: Wallonia, Belgium
Court: Namur city’s Court of First Instance
Case #:
Plaintiff: Notre bon droit

Defendant: City
Trial Type:
Judge:
Status: End
Verdict: For The Plaintiff

Significance

This case is a blow to the Covid Pass system which seeks to impose restrictions on rights- essentially turning rights into privileges. The case upholds the fundamental rights of people to go about their daily lives.

Plaintiff’s Argument

…More information needed…

Defendant’s Argument

According to the Belgian daily Le Soir, representatives of the Wallonia government failed to appear at a court hearing on Nov. 16 because no one dealt with the file in the public administration for five days due to a combination of a weekend and public holidays. (1)
The invitation letter was received on Nov. 10, but the day after was Armistice Day commemorating the end of World War I, a public holiday in Belgium. The holiday fell on a Thursday and was extended to a long weekend by most of the officials. (1)
The following Monday – Nov. 15. – was King’s Day, which grants a holiday for the public administration. (1)
As a consequence, nobody dealt with the file and the hearing took place in the absence of the Wallonia officials. (1)

Decision

The court ruled that use of a COVID pass is illegal and ordered the local government to pay a daily fine of €5,000 ($5,658) until they withdraw the measure, local media reported Wednesday. (1)
Namur city’s Court of First Instance ruled Tuesday that use of the COVID Safe Ticket (CST) was illegal in the Wallonia region.
According to the judgment, rules requiring everyone to show their CST before entering cafés, restaurants, gyms and cultural venues were curbing individual freedoms in a disproportionate way which does not serve the goal they pursue. (1)