Obligations for curfew for web shops lapse after court decision

The immediate waiver of the curfew, as determined by the court this morning, cannot be delayed by lodging an appeal. This means that all obligations for deliverers and shops will be canceled immediately.

The curfew went into effect on Saturday, January 23, and was extended to March 2 last week.

The curfew in itself had little effect on online stores. DCs, sorting centers and delivery services could continue to operate, although employees had to carry an employer’s statement. That is no longer necessary. Supermarkets can extend their closing times and night shops can open again.

Of lawsuit was initiated by the Virus Truth foundation of Willem Engel and Jeroen Pols. They argued that the “restrictions on fundamental rights enshrined in the constitution and international treaties cannot simply be pushed aside.”

Virus Truth has so far unsuccessfully conducted twelve cases against the State of the Netherlands, partly because of the lockdown.

This time the preliminary relief judge ruled that the introduction of the curfew did not involve the special urgency required to make use of the Extraordinary Powers of Civil Authority Act (Wbbbg).

The Wbbbg was therefore implemented while there was no question of a situation for which the law is intended, as is the case, for example, with a dike breach. Therefore, the use of this law to impose curfew is not legitimate.

It could be that any appeal is still being heard today. A spokesperson for the Ministry of Justice and Security tells NOS and RTL Nieuws to ‘study the ruling’.

Source: Nieuws – Emerce by www.emerce.nl.

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