The court has rejected the request of the association of cinemas of the Basque Country after considering that it would be possible to compensate the economic losses that they denounce if their appeal against the restrictions of the Basque Government is successful.
The Superior Court of Justice of the Basque Country (TSJPV) has denied the “extremely precautionary measures” requested by the association of cinemas of the Basque Country (EZAE) and the Federation of Cinemas of Spain (FECE) against the ban on eating in movie theaters.
In an order, the contentious-administrative chamber of the high court has decided to convert the procedure into “precautionary measures” and hear the Basque Government to present the allegations that it deems appropriate, with a deadline until the 29th at 1:00 p.m.
The association of cinemas of the Basque Country (EZAE) and the Federation of Cinemas of Spain (FECE) had appealed to the TSJPV the order of October 6 from the Basque Ministry of Health that prohibits the consumption of sweets, soft drinks or similar in the cinemas.
They had asked the court to adopt “extremely precautionary measures” before “the serious losses caused by the prohibition of eating” in the exhibition premises due to the covid-19 pandemic.
Specifically, the movie theaters claimed that through the emergency procedure the validity of the second and fifth sections of the annex to the order be suspended, which would allow you to eat food again in the showrooms.
In his order, against which there is an appeal, the court of the TSJPV chaired by Judge Luis Ángel Garrido, who on previous occasions has ruled against restrictions decided by the Basque Government to stop the pandemic, has denied the request for emergency measures.
The high court admits that the non-adoption of “very precautionary” measures can cause economic losses in the sector, although, it points out, “his compensation would fit if the appeal were successful “.
As he argues, “given the interests at stake, among which is that the request falls on a health prevention measure, the Chamber considers that the hearing process should not be dispensed with,” so it opens a period for the Basque Government to allege .
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