Coronavirus: new legislative measures applicable as of 25 July 2020

28 Jul 2020


Dorothée David

The Law of 24 July 2020 modifying the law of 17 July 2020 introducing a series of measures to combat the Covid-19 pandemic[1] (hereinafter the “Law”) was published in Mémorial A no. 633 on 24 July 2020.

The Law came into force on 25 July 2020 and in particular stipulates the following provisions:

  • Sanctions for breaches of the preventative measures applicable in the Horeca sector

As a reminder, restaurants, bars, restaurants in accommodation establishments, establishments that serve food, canteens and any other establishments that occasionally serve food are currently subject to compliance with mandatory preventative measures (see our Newsflash of 26 June 2020 and our Newsflash of 20 July 2020), including in particular:

  • customers must be seated;
  • tables that are side by side are at least 1.5 metres apart or, if less, must be separated by a barrier or something that provides physical separation to limit the risk of infection. These distancing and separation measures do not apply to tables that are not side by side;
  • establishments must close at midnight at the latest, without any exemptions.

Breaches of the measures listed above by traders, artisans, managers or anyone else responsible for activities in the Horeca sector are liable to an official fine of up to 4,000 Euros[2].

As of 25 July, the Law stipulates that if there is another breach after a sanction that has acquired the authority of a final decision, the following sanctions are applicable:

  • the total fine is doubled, and
  • the company in question’s business permit may be suspended for 3 months.

In addition, a company that has been sanctioned for a repeat offence is not eligible for the financial aid introduced for businesses within the context of the Covid-19 pandemic.

  • Protective measures applicable to gatherings of more than 10 people

Since 25 July 2020, the protective measures stipulated by the law of 17 July 2020 for gatherings of more than 20 people (see our Newsflash of 20 July 2020) have applied to any gathering where there are more than 10 people in the same place at the same time.

In addition, gatherings of more than 10 people in private homes or for private events are prohibited, in accordance with the conditions stipulated by the Law.

[1] Law of 24 July 2020 modifying the law of 17 July 2020 introducing a series of measures to combat the Covid-19 pandemic and modifying:

1° the modified law of 25 November 1975 on issuing medication to members of the public;

2° the modified law of 11 April 1983 on the regulations regarding the release and advertising of drugs.

[2] Article 11 of the Law of 17 July 2020 mentioned above.