Covid-19: No Charges Recommended Against Édouard Philippe, Agnès Buzyn, and Olivier Véran Over Government’s Pandemic Response

France’s Chief Prosecutor at the Court of Cassation, Rémy Heitz, has called for no charges to be brought against former ministers Édouard Philippe, Agnès Buzyn, and Olivier Véran in the investigation led by the Court of Justice of the Republic (CJR) into the government’s handling of the Covid-19 pandemic. The announcement, made on Wednesday, May 21, points to a likely conclusion of the case, which began in July 2020 following a wave of complaints filed in the early months of the health crisis.

No Criminal Offenses Established

The judicial investigation, conducted by three examining judges of the CJR—the only body authorized to try members of the French government for actions committed while in office—focused on two potential offenses: “endangering the lives of others” and “willful failure to fight a disaster.” All three former ministers were granted assisted witness status and were never formally charged.

In his final submissions dated Tuesday, May 20, the prosecutor argued that there was insufficient evidence to support either charge. Regarding the accusation of endangering public health, he emphasized the lack of any legal obligation that would have imposed specific safety or precautionary duties on the ministers. As for the failure to act, he noted that “numerous initiatives” had been taken by the government to address the pandemic, which ruled out inaction.

The Agnès Buzyn Case in Context

Former Health Minister Agnès Buzyn, who resigned in February 2020 to run for mayor of Paris, faced particular scrutiny and was briefly indicted before the charges were dismissed by the Court of Cassation in January 2023. The prosecution highlighted that she left office before the first Covid-related death in France, on February 25, 2020—meaning no “disaster” had yet legally occurred under the penal code at the time of her departure.

With these recommendations, the likelihood of a trial now appears remote. However, it is ultimately up to the CJR’s investigative committee to decide whether the case should proceed to court.

The investigation was launched amid intense public criticism of the French government’s early pandemic response, including mask shortages, limited testing capacity, and shifting guidance on public health measures. Five years on, the justice system appears to be leaning toward a conclusion of collective political responsibility rather than individual criminal liability.