The CJEU issued a ruling on travel, quarantine and testing bans during COVID-19
According to the CJEU, in a pandemic situation, a Member State may prohibit non-essential travel to other Member States classified as high-risk areas based on the health situation there.
The Court of Justice of the European Union emphasized in a statement of 5 December that COVID-19 confirmed the validity of certain travel bans and obligations to undergo diagnostic tests and quarantine during the health crisis. This is a reference to the situation in Belgium, which, after the coronavirus was announced, banned non-essential travel to or from countries classified as “red areas” due to the health situation there.
Additionally, all travelers from such countries had to undergo diagnostic tests and quarantine in Belgium. In July 2020, Sweden was classified as a “red area” by the Belgian authorities. As a result of such actions, the NORDIC INFO travel agency specializing in travel to Scandinavia canceled all planned trips between Belgium and Sweden.
Court of Justice of the European Union regarding COVID-19. “State may ban travel to high-risk areas.”
It then demanded compensation for the damage thus caused. A Belgian court asked the CJEU whether EU law conflicts with Belgian regulations. The Court of Justice of the European Union has noted that “in a pandemic situation, a Member State may prohibit non-essential travel to other Member States classified as high-risk areas on the basis of the health situation there.”
The Court added that “a state may also impose on persons who enter its territory the obligation to undergo diagnostic tests and undergo quarantine.” At the same time, the CJEU stated that “these measures must, however, be justified, clear, precise, non-discriminatory and proportionate.” They should also be subject to appeal.
