green pass

The President of the European Court of First Instance, in cases T-710/21 R Roos and others v. Parliament and T-711/21 R ID and others v. Parliament, dismissed on the merits the appeal filed by certain MEPs against the requirement to present a green pass to access the institutional premises of the European Parliament established by the Bureau of European Parliament.

Some elected Members of the European Parliament and employees of the institution challenged before the President of the EU’s General Court the Parliament’s decision to impose the presentation of the EU digital COVID certificate for anyone accessing its premises (in Brussels, Strasbourg, and Luxembourg). However, the President rejected their request for interim measures, mainly because (i) that measure has neither the object nor the effect of calling into question the exercise of the MEP’s mandates as elected members of Parliament, but instead was meant to protect public health; (ii) the applicants did not show how that measure would affect their power of representation or their capacity to work usefully and efficiently; (iii) they do not demonstrate that their fundamental right to data protection was affected; and (iv) they failed to explain why undergoing regular testing would seriously affect their health, especially because they can choose the type of test, the Parliament bears the testing costs and provides facilities to test, and there are exemptions for medical reasons.

Full text of the decision available at curia.europa.eu fr