January 27
2022
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Trajan Shipley
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1st December 2021
Consumer, Health & Environment Covid-19 Institutional law

General Court President rejects interim suspension of COVID-19 certificate requirement to access European Parliament

The President of the General Court rejected yesterday to suspend, in proceedings for interim measures (T-710/21 R Roos e.a. v Parliament and T-711/21 R ID e.a. v Parliament), a decision of the European Parliament requiring to present an EU Digital COVID-19 certificate in order to access the premises of the Parliament.

Several MEPs, along with parliamentary assistants, civil servants and other agents of the Parliament have brought an action for annulment against the Parliament’s decision requiring to present the certificate. In an order delivered on 5 November 2021, the President of the General Court granted interim measures allowing for non-vaccinated people to enter the premises subject to the condition of presenting a negative PCR test. 

In his order delivered today, the President of the General Court notes that the requirement is neither intended to nor does it have the effect of calling into question the exercise of parliamentary functions or of the professional activities of the applicants. In this sense, the fact that they are subject to more stringent security or public health requirements does not result in serious and irreparable harm requiring the adoption of interim measures.

Further, he stressed that no argument has been successful in proving the alleged serious and irreparable harm in relation to the infringement of fundamental rights, such as the right to data protection.

The order is available here (in French). Read the General Court’s press release here (also in French).

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