The Court of Justice of the European Union has stated that the EU countries may prohibit non-essential travel to or from other EU countries, from countries classified as red; however, it must state the reasons on which it was based, referring to the case 128/22 of NORDIC INFO.
The tour operator NORDIC INFO, which, among others, organises trips to Sweden, in 2020 cancelled all flights from Belgium to Sweden which were planned for the summer season.
In July 2020, Sweden belonged to the red list, in which Belgium placed all territories considered posing high risk in terms of the COVID-19 situation.
On July 15, 2020, Sweden was moved to the orange list, including countries, citizens of which were subject to milder requirements, meaning that they were not required to undergo testing or quarantine process.
NORDIC INFO accused Belgium of having made errors in adopting the regulation in question and is seeking compensation before a Belgian court for the damage provoked by the introduction and modification of the colour codes.
The Belgian Court asked the Court of Justice of the European Union to examine whether the measures are in line with the Union Citizens Directive 2004/38 and the Schengen Borders Code.
The Court specifies that a Member State may, in order to combat a pandemic such as Covid-19, prohibit nonessential travel to or from other Member States classified as ‘red zones. It may also impose on persons entering its territory the obligation to undergo screening tests and to observe quarantine.
The Court emphasised that such measures that restrict the freedom of movement within the bloc may be laid down by legislation of general application.
Such legislation must, however, state the reasons on which it is based and contain clear and precise rules, the application of which must be foreseeable by citizens. It must also be non-discriminatory and be open to challenge in the context of judicial or administrative redress procedures.
Besides, the Court stressed that the restrictions on free movement should comply with the principle of proportionality; thus, they should be appropriate for attaining the public health objective pursued, among others.
The spread of the Coronavirus and its new variants led a large number of countries to impose strict measures, among them halting non-essential travel in order to contain its further spread,
The Court clarified that a Member EU country may halt non-essential travel to other bloc countries classified as high-risk zones based on the health situation prevailing in those territories.
Following the example of other EU countries, Belgium also prohibited non-essential travel to or from states included on the red list back then. It meant that travellers from countries included in the red list were subject to testing and quarantine rules when reaching Belgium. In July 2020, Sweden was also part of this list.
