Catalonia’s government in mid-July imposed a nightly curfew between 1am and 6am in most municipalities to fight a surge in virus cases, and the region’s top court then gave the green light to extend it three times.
But on Friday, faced with a request by the regional government to keep the curfew in place in 148 municipalities, the High Court of Justice of Catalonia said the measure was “not justified” in 129 of them, because infection rates there had improved.
“In these circumstances, the measures are not so much justified on health grounds, but for reasons of security or public order,” the court said in its ruling to explain why it was turning down the Catalan government’s request.
The Catalan government said in a statement it was “analysing” the court’s ruling, but added it “regrets that once again judges are acting as epidemiologists”.
The curfew is intended to discourage social gatherings on beaches and in parks, which had fuelled a spike in cases of the highly-contagious Delta variant, especially among unvaccinated young people.
However, the court did keep in place for one more week a ban on public or private gatherings of more than 10 people throughout Catalonia.
Like the rest of Spain, the region which is popular with tourists has seen its number of infections drop in recent weeks.
Catalonia’s infection rate on Wednesday stood at 328 cases per 100,000 inhabitants over a 14-day period, below the national average of 378 cases, according to health ministry figures.
In Barcelona, Spain’s second-largest city, the rate is down to 130 cases per 100,000 people.
Catalonia’s hospitals, however, remain under pressure. The region still has 42 percent of its intensive care unit beds occupied by Covid-19 patients, the highest rate among Spain’s 17 regions.
The Catalan government at the end of July suspended routine surgeries to free up hospital resources.
It also set up mobile vaccination units to target areas with lower inoculation rates and deployed drones to monitor beaches and prevent crowding.
Spain has fully vaccinated 64.1 percent of its population against the virus, one of the highest rates in Europe.
The average for the entire European Union is 55.5 percent, according to an AFP tally based on official government figures.