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Trajan Shipley
18th October 2021
Consumer, Health & Environment Covid-19

General Court to hear action against EU Digital COVID Certificate Regulation

Official publication has been made of an action for annulment against the EU Digital COVID Certificate Regulation (Abenante and Others v Council and Parliament, Case T-527/21).

The applicants, 423 Italian residents, seek, as an interim measure, the annulment of Article 1(1)(a) and (b) (sic). The substance of the action nonetheless concerns the annulment of the Regulation in its entirety or, alternatively Article 3(1)(a) and (b), which provide for the cross-border verification and acceptance of COVID-19 vaccination and test certificates.

The applicants challenge the legality of the Regulation insofar it allegedly discriminates between vaccinated and unvaccinated people and because it amounts to an exercise of abuse of power by the EU legislature on account of the scientific uncertainty. In the pleas in law put forward in support of the application, the applicants first contend that it incurs in unlawful discrimination with regard to the exercise of freedom of movement on the incorrect scientific assumption that vaccinated persons are not infectious. It further makes recourse to that assumption in order to support its claim on the infringement of Articles 20, 21, 41 to 49 and 54 of the Charter, as well as its claim on misuse of power and infringement of the principle of legality.

Finally, it further challenges the Regulation on the basis that it incurs in an abuse of power and Articles 20 and 35 of the Charter on the ground that it is not aligned with WHO and ECDC guidelines as regards the use of swabs.

The officially published application is available here


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