The administrative court in Luxembourg repealed a €8,000 fine issued to the manager of a Luxembourg City café by the Ministry of Health as part of the Covid-19 regulations.
The Courts decreed that the manager's appeal was justified and cancelled the corresponding ministerial ruling from 21 September. The State also has to cover her legal fees.
During a check on 10 July, police in Luxembourg-Gare noted several people drinking outside a café and four at the bar, without sitting down or wearing masks.
At the end of July, Paulette Lenert issued a €1,000 fine to the manager, on the basis of the Covid legislation from 24 June. One day later, on 11 July, police issued another ticket as they found a minimum of six people drinking while standing up or dancing, four people not wearing masks, and customers freely ambling around the premises.
Consequently, the Ministry of Health issued a €8,000 fine in late September. The café owner appealed the decision at the administrative court last week.
The magistrates concluded in their decision that when violations of the law are recorded by police or customs officials, these should be written up in a report and a copy handed to the person responsible for the violation. The person then has two weeks to submit written arguments that may influence whether a fine is issued or not.
Police had stated that the violation had not been committed by the owner, but by the waitress, who was also handed the ticket.
According to the law, however, only one responsible person can be the author of a violation, and they must be handed a copy of the police report. The judges agreed with the manager that she should have received the report allowing her to defend herself within the stated time frame.
As it was unclear this had happened, the judges cancelled the ministerial ruling and the corresponding fine.
