On 4 December 2020, the French Prime Minister banned public access to lifts in ski resorts, with the exception of professionals and children who are members of an association affiliated to the French Ski Federation.
Several local authorities and organisations representing the winter sports industry have referred the matter to the Conseil d'État, with the judge for urgent applications on fundamental freedoms, asking it to suspend this measure.
By today's ordinance, the urgent applications judge rejected this request. The judge found that the disputed measure will certainly have very significant economic effects for the areas concerned. However, he pointed out that the COVID-19 epidemic is still rampant, creating strong pressure on the health system, particularly in regions where winter sports are enjoyed. He therefore considered that the disputed measure, the aim of which was to limit further contamination caused by large flows of travel, did not constitute a serious and manifestly unlawful infringement of the freedoms relied on by the applicants, and in particular the freedom to engage in business.