An 83-year-old pensioner who has been vaccinated, who lives in Ile-de-France, has filed an appeal with the Council of State to request the lifting of confinement for those vaccinated.
The government opposes this in a brief that Europe1 was able to consult, citing the "partial efficacy" of the vaccine and "efficacy which has become particularly contingent with the arrival of new variants".
The hearing takes place this Tuesday morning at 9 a.m.
While a vaccine passport should be launched next June to govern travel on a European scale, a recently vaccinated octogenarian urgently appealed to justice.
Its goal: to demand the end of the containment measures set in the decree of March 19 for vaccinated people.
The man, who resides in Ile-de-France, has filed an interim relief before the Council of State.
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The retiree's lawyers rely on several studies
This retiree, who received two doses of the Pfizer vaccine, does not understand why he is confined to his home, without being able to go out more than 10 kilometers away from his home.
Even then, stress his lawyers, that the "vaccine is designated as the only solution to put a definitive end to the Covid-19 pandemic".
Diane Protat and Henri de Lagarde estimate in their summary that "the establishment of this third confinement has two purposes: to prevent the transmission of the virus and to avoid congestion of the intensive care services".
But according to them, "the confinement of vaccinated people does not promote either of these two purposes".
The retiree's lawyers rely on several studies to attest to the effectiveness of the vaccine against Covid-19 and ask that vaccinated people be treated differently from the rest of the population.
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For the government, it is premature to differentiate the rules for people vaccinated
In his response brief, which Europe1 was able to consult, the Minister of Health considers that it is premature in the state of scientific knowledge to differentiate between the "rules relating to traffic restrictions depending on whether or not people have received doses. vaccines ".
Olivier Véran invokes four arguments.
On the one hand, "the partial effectiveness of vaccines", and secondly the fact that "the effectiveness of vaccines has become particularly contingent due to the appearance of new variants".
Third, "people who have been vaccinated are also those who are most at risk of severe disease and death in the event of initial vaccine ineffectiveness or post-vaccine reinfection or variant virulence."
Finally, "the vaccine does not prevent transmission of the virus to third parties. The impact of vaccination on the spread of the virus is not yet known".