Judge dismisses case against man accused of breaking covid rules re nearest supermarket

[Bee]

A judge in Coruna has dismissed a case against a man who the Guardia accused of breaking the CoVID19 lockdown rules on several occasions by going to a church and also not shopping at his nearest supermarket. The judge said what is not explicitly stated in the emergency legislation cannot be sanctioned by fines. He said going to church was permitted in the legislation and the legislation does not say you have to go to the nearest supermarket.

https://elpais.com/espana/2020-05-05/el ... -casa.html

Bee

[Karen Jones]

Good. We all know the police make up their own rules.

[Carl]

To me this looks like it was some sort of test case put before the judge to provide legal clarity and guidance to a wider audience.

At the point of issuing the fine the individual had already acknowledged that he had no justification for being out on the street - no mention of going to a supermarket or church on that occassion.

The Guardia have stated that they never prevented the individual from attending church, so not sure why this was even relevant other than to get a legal perspective.

The issue about whether he did or did not go to a supermarket is nearly as clear as whether he did or did not have the twelve euros in his pocket.

[Bee]

Is it just my impression or does it seem that a lot of the test cases against government rules are brought before courts in the north of Spain western side. I am thinking of the Plus Valia challenge against paying the tax when you have made a loss and another one about Inheritance Tax rules and now this one. Are they a bit more militant up that way

Bee

[Adey]

Both Rajoy and Franco were from that area of Spain.

"Plus Valia challenge against paying the tax when you have made a loss"

They still haven't got round to making this legal ruling into a royal decree, so no hope for any of us waiting for some cash back.

[Bee]

Yes Adey they are very slow in paying out money even when it's legally sanctioned. All those people waiting for the "emergency flood compensation" 8 months later and no sign of it. Obviously "emergency" has a different meaning in Spain. I pity the businesses who are supposed to get state aid due to the COVID-19 closures.

Bee