This is a case that could set a precedent and spread like an oil slick…
How to define and measure “the disproportionate manner” invoked by the President of the Region?
When lives are in danger, which interests take priority? Those, albeit legitimate, of economic operators, or those, equally legitimate if not more, of citizens in potential health danger?
The court’s decision will set a precedent and have a political impact.
Renaud Muselier, the LR president of the Provence-Alpes-Côte d’Azur region, announced on Thursday, September 24, that he would file an urgent appeal on Friday against “any act unjustifiably restricting the exercise of the freedom to do business, industry, and commerce disproportionately”. He did not specify in his statement which specific measures are being targeted.
Following decisions by the Minister of Health, restaurateurs and café owners in Marseille will have to close their establishments as of Saturday, along with almost all venues open to the public, due to the city’s classification as a maximum alert zone.
The urgent appeal does not suspend the targeted measure, but the court must rule on it within 48 hours, in principle.
If he does not prevail, Renaud Muselier indicated he would ask the Prime Minister to reduce the closure period to one week, not two.
Before the region announced its legal challenge, the first deputy mayor of Marseille, Benoît Payan, requested a delay in implementing the new health measures. “If by the end of next week, indicators rise again, we will be ready to make the necessary decisions”, he stated.
