Will the closure of restaurants be suspended by the court?

Marseille restaurants closed this Sunday at midnight -

• Justice will have to determine this Tuesday if the closure of bars and restaurants in Marseille is legal. 

• For those opposed to this prefectural decree, led by the president of the region Paca Renaud Muselier, such a decision is indeed disproportionate. 

After political negotiations and pressure from the streets, a legal battle now opens, the outcome of which may prove to be decisive.

This Tuesday, at 3 p.m., the administrative court of Marseille is examining an application for interim relief aimed at suspending the prefectural decree which decrees the closure of bars and restaurants in Marseille and Aix-en-Provence for fifteen days.

Carried by LR president of the Provence-Alpes-Côte d'Azur region Renaud Muselier, this appeal, which

was able to consult, is supported by 23 applicants, including the department and the metropolis, but also various associations of entrepreneurs such as the Union of Trades and Industries of the Hotel Industry (UMIH), as well as several restaurants in Marseille.

Main objective: to demonstrate that this measure, which undermines the freedom to undertake, is disproportionate, in relation to the threat.

An excessive decision?

"The question does not relate so much to the merits of health security, which motivates this administrative police measure, as to its possibly excessive nature, thus analyzes Me Thibaut Adeline Delvolvé, partner in Citylex Avocats, interviewed by

.

In France, freedom must remain the rule and the police measure the exception.

The question here is whether the objectives pursued justify such a degree of restriction of the fundamental freedom of commerce and industry or whether the interference with this freedom is disproportionate and, therefore, manifestly illegal.

"

"It's not just a political coup", refutes Me Xavier Cachard, who defends the interests of the region in this case.

This close to Renaud Muselier and vice-president of the regional councilor who is now suspended because the owner of one of the collapsed buildings on rue d'Aubagne is convinced of the illegality of such a decree.

"We are far from the goal pursued"

"There is an unstoppable element, it is that there is to my knowledge no element which proves that the contamination is not made in priority in restaurants and bars, affirms the lawyer.

However, for example, we know that 27% of clusters were counted in companies.

The other evidence is that by closing only in Marseille and Aix-en-Provence, customers will go to other establishments such as Cassis or Carry-le-Rouet!

We are therefore far from the goal pursued.

"

And to add: “Before the publication of such a decree, the prefect must ask and obtain the opinion of the regional health agency (ARS).

However, we know that an order was ready on Friday, and the opinion of the ARS which justifies the closure of the bars dates from Sunday.

In reality, the ARS came to the aid of the prefect and his decree.

"

"It's kind of our last resort"

"It is a little our last resort, confesses Jean-Luc Chauvin, president of the chamber of commerce and industry of Aix-Marseille Provence.

We made proposals throughout the last week and we faced a total refusal.

We take note and I trust justice.

This would not be the first time that a court decision has been unfavorable to an order taken in times of Covid.

"

"We hope to be heard, because we are facing real anxiety from business leaders," worries Corinne Inesti, president of the Confederation of Small and Medium-Sized Enterprises (CPME).

It is necessary to be aware that behind, it is a whole part of the economy which is at stake. "And to warn, whereas was held this Monday in the morning in a free toll operation by restaurateurs:" We will see in depending on the decision of the administrative court if we organize actions locally.

"

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• Marseilles

• Restaurant

• Closing

• Bar

• Recourse

• Court