On 5 May 2022, the High Court of Justice of the Basque Country upheld the appeal of representatives of the restaurant and bar sector against restrictions imposed by the government of the Basque Country in two decrees of December 2020 and January 2021 (No de Resolución: 209/2022). 

These restrictions affected restaurants and bars located in municipalities in ‘red zones’, where the health situation was considered more critical. The court held that the Basque government justified its restrictions with health data for the day on which the decrees were adopted but failed to carry out a specific analysis of the contested measures. In particular, the Basque government failed to provide adequate justification for their necessity, proportionality, and suitability. For example, the plaintiff had claimed that the prohibition of indoor consumption during certain time slots was not properly justified. The judgment can still be appealed before the Supreme Court.

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Full text of the decision available at es