Covid certificate: Galicia receives the endorsement of the Justice and Cantabria does not

Updated Friday, August 6, 2021 –

The regional courts of Galicia and Cantabria have responded in different ways to the request of the hoteliers to suspend the use of the COVID certificate.

Local police evicting the Port of Marbella due to an agglomeration of people.Antonio PazEFE

The TSJ of Galicia maintains the use of the covid certificate in access to the interior of the hotel and nightlife venues of Galicia by rejecting the very precautionary measures presented by the Lugo Monumental Business Association. Clearly, the Galician Supreme Court reasons that in all the measures adopted by the Board, including the use of the covid certificate, “there is an underlying interest in avoiding the agglomeration of people […] and, ultimately, of protect public health dealing with outbreaks and existing transmission chains. “

The car of the TSJ of Galicia was known this Friday, minutes after the dictated by the TSJ of Cantabria with a different result. In Cantabria, yesterday Thursday, the Cantabria Hospitality Business Association (AEHC) appealed the last resolution of the Minister of Health that raised from 19 to 27 municipalities to risk level 3 and, therefore, the COVID certificate is required for access to the interior of restaurants and entertainment venues.

Well, the TSJ of Cantabria explains in its order today that it suspends the resolution of the counselor for not agreeing with the criteria to pass levels and, therefore, renders the use of the COVID certificate for the hotel company without effect. The Cantabrian car explains that adopts the very precautionary measure of suspension “in view of the alleged deficiencies, regarding the way of evaluating and classifying municipalities, and of setting alert levels “.

Is there damage to the hotelier?

The TSJ of Galicia does not admit that there is “urgency” to suspend the application of the covid certificate, “since the concrete damage inflicted on the recurring hotel association nor its irreparable nature has not been credited,” says the order. While the TSJ of Cantabria justifies the suspension in “the obvious irreparable damages for the companies engaged in the activity object of the recurring association, undoubted personal and economic damage, which this Chamber has always considered notorious, and which is affected by the limitations that alert level 3 causes “, among which is the use of the COVID certificate to access the interior.

Now, the Cantabrian administration has three days to allege what it deems appropriate in relation to the uprising, maintenance or modification of the urgent precautionary measure agreed by the court. In any case, in the next few days, both the Cantabria and Galicia TSJ will have to make a definitive decision on the matter, although there may be new health decisions, both in Galicia and Cantabria, that make it meaningless to resolve the previous ones.

Canary Islands background

These latest resolutions on the use of the COVID certificate to access the interior of the hotel are preceded by the one adopted by the TSJ of the Canary Islands. On July 29, the Contentious-Administrative Chamber of the Higher Court of Justice of the Canary Islands fell in a precautionary manner the requirement of the COVID certificate to be able to access the interior of the hotel and restaurant establishments. The Canarian court accepted the appeal presented by the Circle of Entrepreneurs and Professionals of the South of Tenerife and by the Asociación Hostelera Unida Tenerife (HUT) of precautionary suspension of said certificate.

Also, in this context, it is necessary to place the information requirement that the Spanish Data Protection Agency has asked Galicia and the Canary Islands, as announced on July 30. A requirement that has only deepened doubts about the legal viability of this instrument to control the capacity and transmission of the virus inside the establishments.

Andalusian, waiting

On the other hand, the Junta de Andaluca awaits a response from the justice to apply the COVID certificate in its hotel business. Last Tuesday, the spokesman for the Junta de Andaluca and counselor of the Presidency, They Bendodo explained that the objective is “to have the maximum legal security” to be able to apply this measure, “as has been done during all the months of the pandemic.”

In the current scenario It is difficult to predict the answer that the Andalusian Supreme Court will give but, If the deadlines are met, the next few days should be known.

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