2023-12-05 10:35:24
The Court of Justice of the European Union (CJEU) on Tuesday validated certain travel bans and screening and quarantine obligations within the Union during the health crisis linked to the coronavirus. Ruling in the context of a case between a travel agency and the Belgian State, the Court ruled that in a pandemic situation, a Member State may prohibit non-essential travel to other Member States classified as a quarantine zone. high health risk.
It also ruled that a State could impose on people entering its territory the obligation to carry out screening tests and observe quarantine. “However, these rules must be reasoned, clear, precise, non-discriminatory and proportionate. They must also be subject to appeal“.
Belgium had banned non-essential travel to or from countries classified as “red zones“. In addition, any traveler from such countries had to take a drug test and observe quarantine. In July 2020, Sweden was classified as “zone rouge” by the Belgian authorities. Nordic Info then canceled all trips planned between Belgium and Sweden, before requesting compensation for the damage from the Belgian State. The Dutch-speaking court of first instance in Brussels turned to the CJEU: the Court specifies that measures which restrict free movement within the European Union can be established by regulations of general application, which must be reasoned and contain clear and precise rules whose application must be predictable for citizens, non-discriminatory and able to be contested.
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