The written judgment mentioned 2 temporary regulations which contradicted each other:
While an emergency municipal regulation from 3 April prohibited access to the Upper Sûre Lake's beaches, a Grand-Ducal regulation from 15 May allowed assemblies of up to 20 people outside.
The judge stated that on 17 May, police only fined people who were present on the beaches without engaging in any other sort of activity while they ignored those in the water to dive, windsurf, or practice stand-up-paddling. According to the judge, these people also had access to the beaches, which was prohibited at the time, and thus police created an injustice.
