The Superior considers that he must attend to the justification of the Basque Government before taking a precautionary measure
The Superior Court of Justice of the Basque Country (TSJPV) does not urgently suspend the ban on consuming sweets, soft drinks or the like in movie theaters and will listen to the Basque Government before making a decision. The Superior considers that he must attend to the justification that has led the Executive of Urkullu to make this decision, although he recognizes that “the adoption of these measures may generate economic losses to the appellants.”
Judge Garrido’s order comes after the association of cinemas of the Basque Country, EZAE, and the Federation of Cinemas of Spain, FECE, have presented this Tuesday an administrative contentious appeal before the TSJPV, with a request for very precautionary measures, against the order of October 6 from the Minister of Health, which prohibits the consumption of food and beverages in movie theaters.
Now the Basque Government has until 1:00 p.m. this Friday to present its arguments before the court before a decision is made. In addition, the contentious-administrative court recognizes if the appeal “could be indeminización” prevails. And it is that according to the cinemas recall this decision of the Executive of Urkuullu supposes daily losses of 27,432 euros, taking into account the decrease in income and spectators.
A good part of the subsistence of movie theaters depends on the consumption that is carried out, since «it represents, on average, 30% of the profits of Basque cinemas, but that in some of them reaches 45%, for which is a restriction that seriously threatens the survival of many rooms if it is prolonged in time.
Likewise, they underline that the Basque Country “is the only community in the State that prohibits consumption in cinemas.” The appeal also explains that there has been no source of contagion during the pandemic in the cinemas of the Basque Autonomous Community, despite the fact that there was a service for the sale and consumption of sweets, soft drinks and the like, when the accumulated incidence rates reached 400 cases per 100,000 inhabitants and the vaccination rate was still “extremely low.”