FlyerTalk Forums - View Single Post - Experiences of AY flights during COVID-19
Old May 25, 2021, 12:20 pm
  #1150  
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Originally Posted by Courmisch
Should the affected passengers sue the Finnish government in EUCJ or somewhere? What's the legal basis for denying entry to evidently distressed EU citizens?
There is a provision in the Schengen rules to deny entry to someone who poses a health risk, but it's untested if this allows you to deny entry to Estonians en masse or if this has to be individually assessed. I'd imagine that a bunch of Estonians who spend one night in a hotel at the airport pose very little risk to the health in Finland.

The affected passengers can't sue the Finnish government in the European Court of Justice. Instead, they would have to go through the Finnish courts if they want to sue. The Finnish courts could then refer the case to the European Court of Justice. However, it is unclear how the courts would rule on this.
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