Belgium court rules against mandatory COVID vaccine pass; calls govt move 'unlawful'

A Belgium court on Thursday ruled against the compulsory use of COVID-19 Safe Ticket (CST) and termed the government's move "illegal" and "unlawful", local media reported. The court also imposed a penalty of €5,000 (approximately Rs 4,25,641) per day till the government passed a law to stop enforcing the CST use.

The court pronounced the judgement while hearing a lawsuit filed by the non-profit organisation, Notre bon droit (NBD), against the government of Belgium, Brussels Times reported. According to the media report, the organisation, which is also active in France and Québec in Canada filed a suit against the use of health passes in Wallonia, a French-speaking region in southern Belgium.

The court noted that the imposition of the COVID-19 Safe Ticket violates "the principle of proportionality" as the freedom-restricting measure appeared to be asymmetrical to the purposes pursued. The court also highlighted that the COVID ticket may be in "breach of European law". 

Wallonia authorities mandated CST to access bars and restaurants, fitness centres, discos and large events.

Following the decision, NBD founder Isabelle Duchateau was quoted by Brussels Times as saying, "The court has ruled in our favour by admitting that the CST does not uphold the principle of proportionality."

Authorities to challenge court ruling

With the latest court judgement, Walloon authorities now have to take measures to rectify the situation until the court pronounces the final judgement in the case. The court granted the authorities a weeks time to rectify its decision, failing which it'll be liable to pay the €5,000 per day penalty and NBD's legal expenses, Brussels Times reported.

Meanwhile, reacting to the court's judgement, the Walloon government said that the decree will remain valid throughout the region and added it would appeal against the decision in the higher court on Wednesday.

Belgium tightens COVID curbs

Belgium Prime Minister Alexander De Croo on Friday announced the tightening of COVID curbs as coronavirus cases in the country soared drastically in the past two weeks. The Belgian government has capped attendance at indoor events to 200 people.

As per Belgium's Health Ministry, the country has reported an average of 17,862 new daily cases, a 6% rise over the previous week.  

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