The ministry acted in violation of the law, the court ruled in favor of the Brno club
With regard to the coronavirus pandemic, the ministry introduced a measure effective this year from the first day, which set the conditions for the entry of the people, their establishment and distance. At the end of the measure was then canceled by another extraordinary measure.
He drew attention to the court ‘s decision web Denk N. The Brno clubs Flda, Metro Music and Pumelice and MeetFactory from Prague turned to the court. In the end, however, only Flda paid the court fees, and the other plaintiff stopped the court. Flda proposed the repeal of an extraordinary measure of the ministry of August 26, which set the conditions for the entry of people into some indoor and outdoor areas or participation in public events.
The conditions for entry were sheltered, prolonged covid-19 in the last 180 days, or underwent a PCR test in the last seven days, an antigen test in the last seven days, or subjected to a city test. In the event that an emergency measure is annulled during the proceedings, it was proposed to state the tax in violation of the law.
According to the court, it was provided in violation of the law in the point setting the distance between customers 1.5 meters, with the exception of customers at one table, according to the point that the operator can not let more people into the establishment, not the city for seasons, according to which at a distance of less than 1.5 meters or e can only dance people meeting certain conditions such as a test.
The highest court in the drainage court stated that the challenged extraordinary measure was in conflict with the law. In these hundreds of the attacked measures, there will be a strong support from the point of view of the proper operation of the given area in this way. Due to the annulment of the extraordinary measure in the course of the court, the court stated that the extraordinary measure was in conflict with the law in the given state, it stands in the resolution.
The Supreme Court, in its ruling, said that according to the pandemic law, they are ineffective measures that would impose obligations such as a dance order or a gathering of all the people in the club with each other for the number of seasons. The new government should move away from infinite ideas, such as banning people from dancing or imposing obligations on operators that are unenforceable or unclear, said Denku N attorney’s club Jan Hladk. According to him, the First Court, on the other hand, shows the way to meaningful regulation. The club operator will be happy to work together on a rationally set operating condition, he added.
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