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Canary Islands TSJC High Court suspends Level 4 Covid certificate requirements for hotels and restaurants

Canary Islands TSJC High Court suspends Level 4 Covid certificate requirements for hotels and restaurants

The Superior Court of Justice of the Canary Islands (TSJC) has provisionally suspended a measure approved by the Government of the Canary Islands last week to require COVID Certificates of vaccination from citizens who want to be able to access hotel and restaurant venues, as well as theatres and cinemas and other venues, on islands that are at Health Alert Level 4 (currently, only Tenerife).

The decision suspends “the requirement for a COVID-19 certificate showing a complete vaccination schedule, a diagnostic test of active infection (excluding diagnostic self-tests) with a negative result and carried out within the last 72 hours or certification of having had the infection in the last six months”.

The judges add that capacity limits inside hotel and restaurant establishments “are set at 50% both in level 3 and in level 4 and without being able to demand or take into account the possession or absence of a COVID-19 certificate demonstration of a complete vaccination schedule, a diagnostic test for active infection (excluding diagnostic self-tests) with a negative result and carried out within the last 72 hours or certification of having passed the infection in the last six months”, referring to the added stipulation that Alert Level 3 establishments could increase their indoor capacity limits if they too implemented the requirement.

Likewise, they have suspended the obligation to completely close premises between 00:00 and 6:00.

The judgement, announced this Thursday afternoon, also suspends capacity limit inside gyms and non-federated physical activities in indoor areas, as well as limits on cinemas, theatres, auditoriums and cultural spaces, being set at 55% when at Level 4, without a COVID certificate or a negative active infection diagnostic test being required.

The TSJC order comes after the Círculo de Empresarios del Sur de Tenerife (CEST) demanded suspension of the obligations for COVID Certificate as a very precautionary measure.

“Mere contagion figures”
Among the reasons for adopting this decision, the TSJC refers to their own previous decisions to stop the Regional Government’s proposed measures, saying that they only provided “data from the Ministry of Health that show a non-substantial worsening of the situation, using mere numbers of infections and a certain rise in hospital pressure, which does not even reach levels similar to those that justified the State of Emergency and the exceptional measures to limit fundamental rights”.

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