Dumbbells in a gym.

Drawing.

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S. Pouzet - Sipa

  • Sports and fitness rooms will remain closed until at least October 12, as provided for by the prefectural decree published on Monday.

  • The summary judge of the Nice Administrative Court rejected the request of the professional union France Active, and of the companies l'Orange Bleue, Basic Fit, Fitness Park, Appart Fitness and Keep Cool.

  • In his decision, the judge indicates that "the applicants do not produce any verifiable element demonstrating that the sports establishments covered are not spaces conducive to the spread of Covid-19"

Sports and fitness rooms will remain closed until at least October 12, as provided for by the prefectural decree published on Monday.

The summary judge of the Nice Administrative Court has indeed rejected, this Wednesday afternoon, the request of the professional union France Active, and the companies Blue Orange, Basic Fit, Fitness Park, Appart Fitness and Keep Cool.

The six applicants demanded the suspension of the closure decision ordered by the prefecture of the Alpes-Maritimes.

At the hearing, they notably argued "on the one hand, that sports establishments are not places for the spread of Covid-19 once a strict health protocol has been put in place, which the majority of practitioners have less than 65 years and that they are very rarely in a situation of comorbidity and, on the other hand, that physical activity has a protective role against this virus.

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Sixteen patients in intensive care for seventeen places

To defend its decision, the prefecture stresses that the Alpes-Maritimes are still classified as a “reinforced alert zone due to the unfavorable evolution of the incidence and positivity rate”, and “specifies that if the hospitalization curve seems to be falling , that of patients in intensive care seems to be increasing, 16 patients in intensive care having been identified today while 17 places are planned ”

In his decision, the judge indicates that "the applicants do not produce any verifiable element demonstrating that the sports establishments covered are not spaces conducive to the spread of Covid-19".

He underlines that “the economic impact for administratively closed companies is limited, depending on their size and their loss of turnover, by the extension of the partial activity, the exemption from social charges, and the strengthening of the solidarity up to 10,000 euros per month.

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In conclusion, the summary judge considers that "the interference caused by the contested measure to the freedom of trade and industry and to the freedom to undertake, is not manifestly illegal", and rejects the request for suspension of the prefectural decree.

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