Judge rules: “Covid Safe Ticket seemingly illegal”

A judge in Wallonia asked to give an interim ruling on the validity of the obligation to present a valid Covid Safe Ticket (CST) to access restaurants, pubs and other venues has ruled that this use of the CST is ‘seemingly’ illegal.

A judge in Namur was dealing with a complaint brought by the not-for-profit organisation “Notre Bon Droit” (Our Good Right).  The ruling is an embarrassment for the Walloon government that has been given seven days to set the matter to rights. “Notre Bon Droit” says it represents care workers, scientists, jurists, and citizens.

The CST is the Belgian version of the European Digital Covid Certificate.  In his interim ruling the judge says this use of the CST is possibly a violation of European law and possibly also a measure that is not proportionate as the limitation on freedom may not be proportionate to the intended goal. The unvaccinated may also be suffering discrimination.  Privacy legislation too may be violated.

If the Walloon government doesn’t put the matter right within seven days a fine of 5,000 euros a day will be due. 

The Walloon government is to appeal the ruling.  It stresses the judge didn’t quash regional legislation on the CST that remains valid.

“Notre Bon Droit” has also initiated legal action in Brussels.  There a ruling is hotly anticipated on 8 December.

Francophone media say the Walloon government didn’t argue its case in court due to several holidays (Armistice Day and King’s Day) that resulted in nobody responding in time.

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