Décision de justice

Restrictions on the movement of vaccinated persons are justified.

An 83-year-old pensioner asked the urgent applications judge of the Conseil d’État to suspend the Government's travel restrictions so that they no longer apply to vaccinated people. The urgent applications judge rejected this request, considering that vaccinated persons could be carriers of the virus and therefore contribute to its spread.
On 19 March, the French Prime Minister decided to restrict travel in the 19 départements where the health situation was most critical.

The applicant, who resides in one of the départements concerned and has been vaccinated, claimed that this infringed upon his freedom of movement. He asked the urgent applications judge to suspend these restrictions for any person who had received the vaccination against Covid-19. The pensioner considered that travel restrictions, curfews and lockdown measures were no longer necessary and appropriate for vaccinated persons.

The judge noted that the spread of the virus had become significantly worse throughout the country, putting hospitals under severe pressure and leading to general restrictions being applied throughout the country.

Although vaccination provides effective protection, the urgent applications judge noted that vaccinated persons may still be carriers of the virus and contribute to its spread, in proportions that are not yet known. Lifting travel restrictions could therefore increase the risk of infection, notably among vulnerable people who are mostly not vaccinated.

For these reasons, the travel restrictions in place, even for vaccinated persons, do not seem disproportionate. On this basis, the urgent applications judge of the Conseil d’État rejected the applicant's request.

Read the decision n°450956 (in French)