the health pass obligation lifted in the twelve shopping centers as of Wednesday

In the two shopping centers of the Landes of more than 20,000 M2, as in the ten of Gironde, the measure of presentation of a health pass is lifted from Wednesday September 8 according to the ministry. Surprised decision when one of the supermarkets has taken legal action in Pau.

Each day its surprise. While this very controversial measure is at the helm of the Administrative Court of Pau on Monday, the presentation of the health pass in shopping centers of more than 20,000 m2 has found an unexpected outcome since the announcement of the Minister of the Economy Bruno Le Mayor this morning.

Faced with the drop in the incidence rate observed throughout the country, the Government decides to lift, as of Wednesday, September 8, the obligation to apply the health pass in shopping centers for the departments experiencing a rate of incidence less than 200 / 100,000 and continuously decreasing for at least seven days

Press release from the Ministry of Health this Monday morning

This Monday morning precisely, the lawyer Yoann Sibille who defends the interests of the Grand Moun near Mont-de-Marsan, attacked the prefectural decree which maintained the presentation of the pass until September 15, even though the rate of incidence had largely fallen below 200, the fateful threshold. He was able to reiterate his arguments, already developed for other shopping centers in France, especially in Yvelines.

The prefects, in this case the prefect of the Landes for my client did not comply with the law of August 5 which expressly provides for access to basic necessities in shopping malls and freely.

Maître Yoann Sibille – lawyer at the Grand Moun shopping center –

In court, the prefecture maintained its position. “The incidence rate is 77 yet the prefecture continues to insist that this decree is not illegal and wishes to maintain it.” explains Master Sibille. The prefecture invoking an incidence rate exceeding 200 in the 15/44 age group. The prefecture contacted this morning was not aware of the decision of Minister Bruno Le Maire.

Master Yoann Sibille at the Administrative Court of Pau this Monday morning, September 6, 2021 to denounce the illegality of the Landes prefectural decree maintaining the presentation of the health pass in the Grand Moun shopping center near Mont-de-Marsan.


Decrease in attendance confirmed according to the lawyer

Will there be a claim for compensation for damage from the shopping center it defends? “Each day that passes for my client, it is a very heavy financial loss. It will be up to them to decide on a case by case basis, it would indeed be possible in absolute terms.” concludes the lawyer.

Anyway, the measure lapses from this Wednesday, September 8.

The government wants to bypass the Council of State which must pronounce itself within the week to validate the decisions which have been taken in particular in the Yvelines. The government is well aware of its mistake, a fairly obvious mistake. He mentions the drop in the incidence rate but that is not the subject. The real issue is the illegality of these measures.

Master Yoann Sibille

In total, 178 shopping centers in 27 different departments were affected on French territory. Already last Friday, as a result of an appeal from Carrefour, the administrative court of Pau suspended the order imposing the health pass in two shopping centers in Lescar and Tempo Leclerc Pau. The same Pau court which must decide, probably by a deliberation expected during the day, the situation in Mont-de-Marsan.

Two other shopping centers in Gironde have also initiated the same type of procedure. They reserve for the moment the continuation of their legal action in front of the administrative court of Bordeaux envisaged in hearing tomorrow.


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