Circuit court: Coronavirus antibodies not equal to vaccinations

Judge's seat in an Estonian court (photo is illustrative).
Judge's seat in an Estonian court (photo is illustrative). Source: Rene Kundla/ERR

The Tallinn Circuit Court decided on Thursday that equalizing people with coronavirus antibodies to those who have gotten vaccinated is unjustified and there will be no temporary restriction exception made for people with antibodies.

Tallinn Circuit Court issued interim injunctions to a few dozen people who were identified to have coronavirus antibodies, exempting them from the coronavirus certificate obligation. The government considered this court decision to be incorrect and challenged it and the exemptions were lifted on Thursday.

Ellex Raidla Law Firm partner Ants Nõmper and lawyer Regina Getter Maajärv, who represented the government in court said that the circuit court had three main arguments.

Firstly, the court leaned on the general recommendation that even people who have recovered from the coronavirus are recommended to get vaccinated, which gives them supplemental protection and the option of getting a vaccination certificate.

Secondly, the court recommended people follow the positions and statements of the Estonian government's scientific council and other international health organizations instead of examples and scientific studies from other countries. Health organizations have confirmed that vaccinations are the best way to curb the spread of the coronavirus.

Thirdly, the court assessed the outlook of the court cases to be weak, which is why precautionary principles must be followed and stopping the spread of a new and dangerous viral illness should be prioritized.

"Although the district court's solutions affect just a few applicants, we can boldly estimate that similar administrative court regulations will be canceled shortly and the temporary certificates issued by the Health Board will soon lose their validity," Nõmper said.

The Tallinn Circuit Court ruling is final and cannot be challenged. In total, the government's general regulations and restrictions, which have been imposed to curb the spread of the coronavirus, have been challenged by some 400 people. The government has challenged all complaints. The first substantive rulings are expected to come at the beginning of the new year.


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Editor: Kristjan Kallaste

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