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Breaking News and Announcements

Breaking News and Announcements

4 November 2022 / Case law
Spain – Constitutional Court upholds judicial authorization to vaccinate an incapacitated person
On 26 October 2022, the Spanish Constitutional Court unanimously rejected a request for precautionary suspension of the judicial authorization (granted by the Court of First Instance No. 2 of Telde upholding the Provincial Court of Las Palmas) for a residence to administer a COVID-19 vaccine to an elderly person who suffered from Alzheimer’s disease and whose capacity had been modified by a court decision.
2 November 2022 / Case law
Brazil – State court applies constitutional review of preventive detention in light of evolving health crisis
In this constitutional action of habeas corpus, the applicant sought his release alleging inadequate reasoning of the arrest decree. In addition, he highlighted the existence of favorable subjective conditions, sufficient to revoke his preventive detention.
2 November 2022 / Case law
USA – Texas state appeal court prohibits enforcement of Governor ban on mask mandates
On 29 July 2021, Texas Governor Greg Abbott promulgated Executive Order GA-38 which provided with some exceptions, that no governmental entity, including a county, city, school district, and public health authority, and no governmental official may require any person to wear a face covering or to mandate that another person wear a face covering (see also the story published on 25 August 2022 which relates to another dispute over the executive order at issue).
2 November 2022 / Case law
Germany – Federal Court of Justice specifies assessment of package tour cancellation during pandemic
On 30 August 2022, the Federal Court of Justice specified the criteria to assess whether extraordinary circumstances provoked “significant impairment” for the performance of a package tour, justifying the full refund of the price.
31 October 2022 / Case law
Argentina – Dismissal of university professor seeking remote working conditions lawful, holds administrative court
In this amparo proceeding, the declaration of "dismissal in the position of Head of Practical Works" at the University of Buenos Aires was discussed.
31 October 2022 / Case law
USA – State Supreme Court reinstates former public employees terminated for not having complied with city vaccine mandate
On 20 October 2021, the Health Commissioner of the City of New York issued an order requiring all city employees to show proof of at least one dose of vaccination against COVID-19 by 29 October 2021. Failure to do so may have resulted in suspension and the termination from office. On 31 December 2021, the Commissioner extended the vaccination mandate to employees in the private sector.
31 October 2022 / Case law
Kenya – Court dismisses petition challenging vaccine mandate for public officers
The Kenya Employment and Labour Relations Court has dismissed a petition challenging a government directive of April 2021 imposing mandatory vaccine for public officers.
28 October 2022 / Case law
USA – Appellate division of NY Supreme Court confirms that the repeal of healthcare providers COVID-related immunity is not retroactive
At the outset of the COVID-19 pandemic, the legislature of the State of New York enacted the Emergency or Disaster Treatment Protection Act (EDTPA), which initially provided, with certain exceptions, that “any health care facility or health care professional shall have immunity from any liability, civil or criminal, for any harm or damages alleged to have been sustained as a result of an act or omission in the course of arranging for or providing health care services".
28 October 2022 / Case law
Singapore – A man is jailed for making false declarations in order to get COVID-19 relief grants
On 12 October 2022, a Singapore court condemned a man to 19 weeks of jail for making false declarations in order to get COVID-19 relief grants for his mother and wife.
26 October 2022 / Case law
United Kingdom – High Court holds in favor of insurers in business interruption cases
On 17 October 2022, the High Court of England and Wales decided in favor of insurers in three business interruption cases involving pub owners who suffered important economic losses during the COVID-19 pandemic as a result of lockdowns and other restrictive government measures.
26 October 2022 / Case law
Chile – Supreme Court finds that border administration shall not expel irregular refugees amidst spread of worldwide pandemic
While attempting to enter Chile irregularly during the pandemic, a man was arrested and subsequently arrested by the border administration. Earlier in 2022, the Iquique Court of Appeal annulled the decision by its judgment was subsequently challenged by the administration.
26 October 2022 / Case law
Japan – Tokyo District Court dismisses lawsuit concerning tuition fees paid during the pandemic
On 19 October 2022, a branch of the Tokyo District Court dismissed a lawsuit filed by a former student of a Tokyo private university, challenging the legitimacy of the tuition fees paid during the pandemic and especially during its first academic year, from April 2020 to the end of the same year.
25 October 2022 / Case law
Colombia – Council of State rejects request for precautionary measures concerning exemptions from vaccination card or digital certificates
On 20 September 2022, the Colombian Council of State decided on several requests for urgent precautionary measures, within the framework of different nullity processes against the decree 1615 of 2021 that required the vaccination card or digital certificate to enter certain places.
25 October 2022 / Case law
Spain – No infringement of right to education for student expelled for failing to wear a face mask
On 21 September 2022, the High Court of Justice of Galicia upheld a lower court decision, finding no infringement of fundamental rights by a school which refused the entry of a 11-year-old boy for failing to wear an approved face mask.
25 October 2022 / Case law
USA – Ski resorts settle dispute over ski passes sold during pandemic outbreak
In October 2022, the ski resorts in Alterra Mountain co. – a Denver based hospitality company that conglomerates several ski resorts that offer a combined season pass – started implementing a settlement signed in August 2022 in order to put an end to a legal dispute over 2019-2020 season passes and COVID-related ski resort closures in March 2020.
21 October 2022 / Case law
Canada – Ontario Court of Justice holds that the mistakenly failing to comply with security measures upon return to the country constitutes a mistake of law, as such not a valid defense from criminal charges
A Canadian citizen was charged upon her return to Canada under s. 15(3) of the Quarantine Act for not undergoing a Day 1 molecular (PCR) test at the airport upon arrival and under s. 58 of the Quarantine Act for not booking the mandatory 3-day prepaid stay at a government-approved hotel. Based on the facts, the defendant flew out of Canada in December 2020 for Mexico, a day after a provincial shutdown in Ontario came into effect due to alarming rise of COVID-19 cases.
21 October 2022 / Case law
Spain – City of Barcelona returns fines after lockdown declared unconstitutional
On 30 September 2022, the City of Barcelona decided to annul the sanctions imposed for breaches of the limitations and obligations dictated by the Catalan government during the state of alarm, which had made use of its status as delegated competent authority.
21 October 2022 / Case law
Hong Kong – High Court prevents government from invalidating vaccine exemptions certificates issued by doctors without proper review
On 11 October 2022 the Hong Kong High Court ruled that the HK government cannot annul vaccine exemptions certificate issued by private doctors accused of having issued them without conducting a proper review.
19 October 2022 / Case law
Colombia – Constitutional Court holds that requiring a person to vaccinate against COVID-19 in order to visit a relative hospitalized with high-risk disease is not proportional
Plaintiffs brought three autonomous tutela actions against a health center, claiming the violation of the fundamental rights to dignity, non-discrimination, privacy, free development of personality, freedom of conscience and religion, as well as the bioethical norms contained in the Declaration of Helsinki.
19 October 2022 / Case law
India – Supreme Court of India orders government of Rajasthan to pay ex gratia compensation to children orphaned due to COVID-19
On 14 October 2022 the Supreme Court of India issued an order to the state of Rajasthan to pay compensation of 50,000 Indian rupies to children who became orphans due to COVID-19.
17 October 2022 / Case law
USA – Florida statute prohibiting businesses from requiring customers to provide COVID-19 vaccine passport does not breach Constitution
In May 2021, the Florida Legislature enacted a statute that provided that “any business operating in this state […] may not require patrons or customers to provide any documentation certifying COVID-19 vaccination or post-infection recovery to gain access to, entry upon, or service from the business operations in this state”.
17 October 2022 / Case law
Europe – The ECtHR on prisoners’ right to freedom of religion during the pandemic
In July 2020, a member of the Seventh-Day Adventist Church detained in a Romanian prison who had previously been allowed to leave the prison to attend Adventist Church services applied to the prison authorities for permission to attend a Sabbath service every Saturday at an Adventist church. Since the prison governor denied his request, he challenged the refusal before national judicial authorities.
14 October 2022 / Case law
USA – Federal judge dismisses healthcare provider action against insurer for underpaying for COVID tests provided to its insured
By judgment of 30 September 2022, the District Court for the Northern District of California dismissed a putative class action brought by a healthcare provider against an insurer for underpaying for COVID tests provided to its insured.
14 October 2022 / Case law
Spain – Constitutional Court allows appeals of elderly and minors against judicial decisions to vaccinate them
On 14 September 2022, the Spanish Constitutional Court admitted for processing appeals by elderly and minors against the judicial decisions to vaccinate them against COVID-19.
12 October 2022 / Case law
Singapore – Business owner jailed for 12 weeks for going to work despite having COVID-19
On 4 October 2022 a Singapore court condemned a business owner to 12 weeks in jail for having gone to work despite having tested positive for COVID-19.
12 October 2022 / Case law
Costa Rica – Supreme Court confirms that requiring parents to vaccinate against COVID-19 in order to access their children’s educational activities does not violate any fundamental right
A group of parents challenged the decision by the Ministry of Public Education to require parents and adults in general to vaccinate against COVID-19 in order to enter educational centers. In particular, they argued that such measure violated their and their children’s fundamental rights, making it impossible for them to participate in the children’s academic and administrative matters.
12 October 2022 / Case law
Germany – Banning clinic employee for lack of vaccination was unlawful, administrative court holds
On 29 September 2022, the Administrative Court of Düsseldorf has ruled in urgent proceedings that the ban on an employee's activities due to a lack of vaccination was unlawful after a preliminary examination.
10 October 2022 / Case law
India – Delhi High Court rejects plea asking for door-to-door inoculation of COVID-19 vaccines
The Delhi High Court has dismissed a Public Interest Litigation seeking changes in the government’s vaccination policy.
10 October 2022 / Case law
USA – The US Supreme Court declines to hear a challenge to the vaccine mandate for healthcare workers
On 3 October 2022, the Supreme Court of the United States declined to hear a challenge filed by ten states against the Biden administration’s COVID-19 vaccine mandate for healthcare workers, which they argued was causing disruption in the healthcare workforce.
10 October 2022 / Case law
Europe – European Court of Human Rights rejects appeal on French vaccine mandate for certain workers
On 5 August 2021, France passed Law no. 2021-1040 on the management of the health crisis. Section 12 of this law listed the categories of persons subject to compulsory vaccination against COVID-19, which included firefighters.
7 October 2022 / Case law
India – Delhi High Court grants permission for vaccine clinical trials for volunteers between 2 and 18 years of age
On 13 September 2022, the Delhi High Court has dismissed a Public Interest Litigation challenging an order from the Central Government of 13 May 2021 which gave a pharmaceutical company permission to conduct clinical trials of a vaccine (for phases 2 and 3) on volunteers between 2 and 18 years of age.
7 October 2022 / Case law
Chile – Supreme Court: absent a concrete situation of risk to public health, the mere violation of the curfew does not constitute a criminal conduct
A man challenged the decision by the Court of Guarantee of Arica, which convicted him for the crime of endangering public health by violating the rules imposed during the State of Emergency for exerting the spread of COVID-19.
7 October 2022 / Case law
USA – State court on defendant’s right to confront with witnesses: mere exposure to COVID does not entitle courts to conclude that a witness is unavailable
By judgment of 12 September 2022, the Court of Appeals of Minnesota reversed a judgment of conviction for the offence of second-degree murder while committing a felony and remanded the case for a new trial because defendant had been denied the right to confront with the witness against him.
5 October 2022 / Case law
Israel – High Court rejects request for declassification of COVID-related government meetings’ minutes
(retrieved on 7 September 2022) The Israeli High Court has rejected a petition from the Movement for Freedom of Information in Israel (Haaretz) to declassify the minutes of the government meetings as far as the management of the pandemic is concerned.
5 October 2022 / Case law
Spain – Valencian government discriminated against private practice physicians in Alicante during vaccination campaign
In September 2022, the High Court of Justice of the Valencian Community rejected the appeal of the Valencian government and upheld an Alicante court decision of 13 January 2022 finding that it had violated the fundamental rights of private practice physicians during the COVID-19 vaccination campaign.
4 October 2022 / Case law
France – Cour de cassation: the COVID-19 health crisis can be a case of force majeure to request the termination of a contract
On 6 July 2022, the civil section of the French Cour de cassation upheld an appellate court judgment finding that applicants could invoke the COVID-19 health crisis as a case of force majeure leading them to request the termination of the contract to rent a place for their wedding.

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