As it turns out, the legal texts defining preventive measures and potential fines in the Horesca sector are no longer in place.
The Court of Administration announced the verdict on Friday, thus liberating the Schlammestee restaurant owner from his monetary fine. This means that the initial ruling from 10 November was overruled and the government forced to cover procedural costs.
The court case came about after the Dudelange police department found several clients standing up and not wearing masks inside the restaurant back in August. The following month, Minister of Health Paulette Lenert penalised the establishment owner with a €4,000 fine through a ministerial decree, which was based on the Covid laws from 17 July.
However, the Court of Administration found that the laws on which the fine was based were in fact no longer valid. This means that currently, all preventive measures and potential fines in the Horesca sector are no longer regulated through legal documents, which renders them inadmissible.
