bakery

On 13 October 2023, the Administrative Tirbunal of Orléans rejected a baker’s request to annul a prefect’s decision to close his bakery for two months for not complying with the curfew established during the pandemic according to which it had to close at 18:00.

The case involved a challenge by a baker against the administrative closure of his bakery ordered by the prefect of Eure-et-Loir for a duration of two months in 2021. The baker argued that the closure was based on factual errors regarding the dates and times of the alleged violations and that the duration of closure was excessive, impacting his employees, business, and family.

The prefect argued that the petition was inadmissible due to procedural violations and lack of justification for the petitioner’s standing, as the decision was against a legal entity. The prefect also contended that factual errors regarding dates and times did not affect the legality of the decision, as the infractions occurred during the curfew, and the petitioner did not contest the commission of the three infractions.

The Court considered the context of the COVID-19 pandemic and the legal framework allowing the prefect to order closures of establishments violating public health measures. The Court rejected the petitioner’s arguments, stating that factual errors in recording violation times did not impact the decision’s legality. It emphasized the repeated violations of the curfew, despite warnings to comply. The Court concluded that the two-month closure was proportionate to the health risks and dismissed the petition.

Reference: Tribunal administratif d’Orléans (3ème chambre), 13 octobre 2023 / n° 2100771.

Full text of the decision available at dalloz.fr fr