The extension of the Covid Safe Ticket in Wallonia was indeed illegal
In its decision of 18 April 2023, the Liège Court of Appeal, hearing the case in summary proceedings, fully upheld the arguments of the non-profit Notre Bon Droit, represented by Me Lackner and Me Despontin, against the extension of the CST in Wallonia from 14 January 2022. It thus confirms the decision handed down in March 2022 by the Namur court of first instance.
It remains to await the decisions in the two actions on the merits (Wallonia and Brussels) before collective liability actions can be considered.
Below we reproduce extracts from the Le Soir article on the decision of the Liège Court of Appeal.
[...] “...unable to swallow the pill of its conviction, the Walloon government had nevertheless lodged an appeal. On principle, in short. It was ill-advised to do so since, this Tuesday, the Liège Court of Appeal upheld in their entirety the complaints against it. To put it briefly, the automatic renewal of the CST for three months from 14 January 2022 was illegal. A victory, admittedly one of principle, but which should carry its full weight in case law, for Me Audrey Despontin and Me Audrey Lackner, representing the non-profit Notre bon droit and a handful of citizens..”
[...] “The ruling notes that the Walloon decision ‘does not refer to any scientific assessment’ and relies on outdated epidemiological data (some dating back to 29 September 2021). ‘The Walloon Region does not mention any serious study on the impact of the CST’, ‘and more generally the consequences that these measures have generated’, the court further stresses, referring to publications on the mental health of Belgians. Given that the CST constitutes ‘a severe obstacle to rights and freedoms’, an impact study was required. The discrimination created by this measure between ‘vaccinated’ and ‘unvaccinated’ people does not appear ‘reasonably justified’ either.”
[...] “In short, by deciding to extend the CST, the Walloon Region ‘does not justify the overriding necessity of maintaining the regime that infringes fundamental freedoms and rights in view of the objectives pursued’. For Me Despontin and Me Lackner, this is a reminder that ‘the right to health is one right among others, which therefore does not take precedence over the others’.”
Read the full article here:
La prolongation du Covid Safe Ticket en Wallonie était bel et bien illégale - Le Soir
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The standfirst and illustration are by BAM!