Because of the corona pandemic, Belgium banned non-essential travel to high-risk areas – including to other EU countries. A tour operator went to court. However, the ban was legal, the European Court of Justice has now ruled.
EU countries are allowed to impose travel bans to high-risk areas during a pandemic. However, such a ban must be justified and contain clear regulations, the European Court of Justice (ECJ) ruled.
The background is a case from Belgium. A tour operator went to court because Belgium banned non-essential travel to countries that had been classified as “red zones” due to their epidemiological situation in the spring of 2020 due to the corona pandemic. In addition, returnees from these countries had to be tested and quarantined.
In the summer of 2020, the EU country Sweden was also briefly considered a “red zone”. The tour operator specializing in Scandinavia therefore canceled all trips to the country. He later demanded compensation in court.
ECJ: Must Possibility of objection give
A court in Belgium had asked the ECJ to interpret whether the Belgian regulation at the time was compatible with EU law. Yes, the judges now said, such regulations are permitted despite the right to freedom of movement.
However, there are restrictions: a ban must be proportionate and must not discriminate against anyone. It must also be possible to take action against it in court. The Belgian court must now decide in this specific case. It is bound to the legal interpretation of the ECJ.