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Reiseverbote während der Covid-19-Pandemie: Schlussanträge des Generalanwalts am EU-Gerichtshof in der Rechtssache C-128/22 Nordic Info
07 September 2023
Donnerstag, 7. September 2023
Schlussanträge des Generalanwalts am Gerichtshof in der Rechtssache C-128/22 Nordic Info
Reiseverbote während der Covid-19-Pandemie
Belgien verhängte im Sommer 2020 im Rahmen von Dringlichkeitsmaßnahmen zur Eindämmung der Ausbreitung des Covid-19-Virus ein Verbot nicht unbedingt notwendiger Reisen aus und nach Belgien, wobei ab dem 12. Juli 2020 eine farbliche Kennzeichnung verwendet wurde, die Länder nach ihrer epidemiologischen Lage in die Farben Rot, Orange oder Grün unterteilte.
Bei Grün war das Reisen ohne besondere Einschränkungen erlaubt. Orange bedeutete, dass vor Reisen in das betreffende Land gewarnt wurde und bei Rückkehr gebeten wurde, sich in Quarantäne zu begeben und sich zu testen, wozu jedoch keine Pflicht bestand. Bei Rot war das Reisen in dieses Land untersagt und mussten Reisende sich bei Rückkehr in Quarantäne begeben und sich einem Test unterziehen. Außerdem konnten Kontrollen durchgeführt und Sanktionen verhängt werden.
Der Reiseveranstalter NORDIC INFO organisiert u. a. Reisen nach Schweden, für das ab dem 12. Juli 2020 die Warnstufe Rot galt. NORDIC INFO stornierte daraufhin alle für die Sommersaison geplanten Reisen von Belgien nach Schweden, informierte die dort bereits anwesenden Reisenden und gewährte ihnen Beistand.
Am 15. Juli 2020 wurde der Farbcode für Schweden auf Orange umgestellt, wodurch das Reisen in dieses Land wieder möglich wurde.
NORDIC INFO wirft dem belgischen Staat vor, Fehler beim Erlass der fraglichen Regelung gemacht zu haben, und fordert vor einem belgischen Gericht Ersatz des Schadens, der durch die Einführung und Änderung der Farbcodes entstanden sei.
Das belgische Gericht hat den Gerichtshof ersucht, zu prüfen, ob die streitigen Maßnahmen mit der Unionsbürgerrichtlinie 2004/38 und dem Schengener Grenzkodex vereinbar sind.
Generalanwalt Emiliou legt heute seine Schlussanträge vor.
Details
- Date:
- 07 September 2023
- Event Categories:
- EU Court of Justice, EVENT, IEU AGENDA
- Event Tags:
- C-128/22, Nordic Info
Venue
- EU Court of Justice
-
Palais de la Cour de Justice, Boulevard Konrad Adenauer, Kirchberg
Luxembourg, 2925 Luxembourg + Google Map - Phone
- +35243031
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