Before the EU’s General Court, some elected Members of the European Parliament and employees of the institution challenged the Parliament’s decision to impose the presentation of the EU Digital COVID Certificate* for anyone accessing its premises (in Brussels, Strasbourg, and Luxembourg), initially until 31 January 2022. However, the President of the General Court rejected their request for interim measures in November 2021.
On 27 April 2022, an extended composition of the General Court rejected their claims seeking to annul the Parliament’s decision (joined cases T 710/21, T 722/21 et T 723/21). The Court justified its decision mainly because (i) the Parliament had the power to take this decision for its own internal organization, without seeking authorization from the EU legislature; (ii) the contested decision does not constitute a disproportionate or unreasonable interference with the free and independent exercise of the Members’ mandate; (iii) the processing of personal data as a consequence of the contested decision was not unlawful or unfair; (iv) the contested decision is not an infringement or a disproportionate infringement of the right to physical integrity, the principles of equal treatment and non-discrimination, the right to free and informed consent to any medical treatment, the right to freedom and, lastly, the right to privacy and protection of personal data; and (v) the contested decision was proportionate, as the applicants could not bring forward a less restrictive measure that was equally effective to protect health, it took account of the specific situation of the MEPs who frequently travel internationally, and it was limited in time and reviewed regularly.
The applicants can bring an appeal to this judgment before the Court of Justice of the EU.
*EU Digital COVID Certificates are issued by national health authorities and attest to a person’s vaccination, testing or recovery status - they are interoperable between EU Member States.