On 7 February 2023, the Spanish Supreme Court has quashed a decision by the High Court of Justice of Cantabria that had annulled the Cantabrian government’s decision to close hospitality businesses’ interiors in November 2020.
The Supreme Court deemed that the Cantabrian Ministry of Health had “precise normative support” for the restriction of fundamental rights in the context of the fight against the COVID-19 pandemic, which did not necessarily require the coverage of a state of alarm, as other laws such as the General Health Law and the Public Health Law provide the necessary normative support for such limitations.
The decision came after the Cantabrian government appealed against the High Court of Justice’s decision, which had annulled the closure order based on the fact that the order was backed by a state of alarm decree that was later declared unconstitutional by the Constitutional Court.
