The obligation of the health pass in shopping centers in Yvelines challenged in court

Two lawyers from the Versailles bar are contesting the obligation to present their health pass to access shopping centers in Yvelines. They filed an appeal on Tuesday with the administrative court.

Thursday August 19, the prefect of Yvelines issued a decree, establishing the obligation to present his health pass to access the fourteen shopping centers of the department. This decision was justified by the epidemic resumption in the department.

“As a result of this context of epidemic resurgence, I decided, in consultation with the other prefects of the Ile-de-France Region, to make the health pass compulsory for access to all department stores and centers commercial areas of more than 20,000 square meters in the Yvelines department “, said the prefect. The measure took effect on Monday, August 23.

Master Tarek Koraitem and Master Yoann Sibille are not satisfied with this decision and are at the origin of the appeal to the court. For them, the prefect did not apply the law.

They denounce in particular two points of the prefectural decree. First of all, the fact that the measure is not limited in time and especially that the restriction of access concerns all the centers including the essential stores which are installed in the shopping centers.

“This order of the prefect does not respect at all the law which was voted at the beginning of August by the parliament. This law provides for the possibility of restricting access to shopping centers but under conditions of access to goods and services. essential services “, explains Yoann Sibille, lawyer specializing in labor law.

He believes that a shopping center, “cannot be subject to a full access restriction, if it contains stores that sell basic goods, such as food or health products”.

In the law, it is specified that everyone must be able to access essential goods and services,

Yoann Sibille, lawyer, specialized in labor law

“Since the start of the health crisis, food areas have always remained open to everyone, why today they would no longer be accessible when nearly 60% of the population is vaccinated, so it makes no sense!”, emphasizes the lawyer.

He believes that the prefect of Yvelines was content to follow the decision taken by the other prefects of Ile-de-France and particularly that of Paris, “And this, while the epidemic situation in Yvelines is very different. Overall, the contamination figures in our department are down”, says Master Sibille.

The court’s decision is expected to be delivered on Tuesday. Maître Sibille wants the court to suspend the prefectural decision. If he and his colleague are not followed by the administrative court, they will continue to defend the law, he explains. “At that time, we will file an appeal before the Council of State, so that the law is applied”.

Update at 8:20 p.m .: Finally at the end of the day the court decision fell, the order of the prefect was suspended. For the administrative tribunal, this decree did not provide “the conditions guaranteeing access for people who do not have a health pass to establishments selling essential goods located within the walls of these stores and centers”.