The curfew starts at 6 p.m. in the Alpes-Maritimes department, like here in Nice (Illustration) -

Valery HACHE / AFP

  • A hearing took place this Monday morning in Nice.

  • The court ruled that the early curfew at 6 p.m. is neither “disproportionate” nor “illegal”.

  • The measure remains in force in these municipalities, as in the whole of the Alpes-Maritimes.

No, for justice, the establishment of a curfew from 6 p.m. in the Alpes-Maritimes to fight against Covid-19, is not illegal.

Seized by the city of Cannes and three other municipalities in the west of the department to annul this decision, the administrative court considered that the measure was not "disproportionate".

The information provided by the applicants - which also included the UMIH, the union of hotel and catering professionals - clearly shows "a definite impact on economic activity and in particular the turnover of restaurateurs in the department", notes the court in its decision that

20 Minutes

was able to consult.

However, they do not "make it possible to establish the disproportionate nature of the measure in relation to the goal of protecting public health, with regard to the health situation of the department", which "has deteriorated sharply since December 2020 ".

"Population concentrations"

“The interference with the freedom of trade and industry and the freedom to conduct business, as well as the freedom to come and go and personal freedom, by the contested measure, is not serious nor manifestly illegal, ”adds the court.

At the hearing, the lawyer for the four town halls and the employers' union also had an "unsuitable" measure and pointed to its "perverse effects": "Mechanically, people have less time to do their shopping after work, and the influx is more difficult to control in stores, ”pleaded Xavier Bigas.

For the court, it is not established that the advancement of the curfew to 6 p.m., which currently concerns twenty-three departments and which will also apply from Tuesday in the Var and Drôme, "would generate such concentrations of population. , before 6 p.m., that the risk of the virus spreading would be identical or even greater than that existing in the event of the setting of the curfew at 8 p.m. ”.

Solicited by

20 Minutes

, the town hall of Cannes did not wish to react.

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