Status: 17.09.2021 6:47 p.m.
No expert opinions, no further witnesses, the judgment should be in writing: The first process surrounding the Corona outbreak in Ischgl, Austria, ends after just one meeting. But other lawsuits are pending.
Around 60 journalists crowd in the ballroom of the Supreme Court in Vienna. Because of the great interest, the negotiation in the first trial in connection with Ischgl has been moved here. The first case concerns the case of a 72-year-old Austrian who died of a corona infection after a stay in Ischgl in March 2020. His widow and son are suing the Republic of Austria and demanding 100,000 euros in damages. The widow did not make it into the courtroom for emotional reasons, the son does not give interviews and you can tell by his glassy eyes that he is stressed.
Peter Kolba from the consumer protection association sits at the plaintiffs’ table. The reason for the lawsuit is a “multiple organ failure” of the authorities at the district, state and federal level, he says: “You warned too late, you closed après-ski bars too late, for example, and the whole valley was too late closed for winter sports. Closing a week earlier would have meant that thousands of people in Ischgl would not have been infected and would not have suffered from Covid-19 as a result. ”
Justice instead of money
The family of the deceased is not about money, but above all about justice, states plaintiff Alexander Klauser. He is convinced that he can prove that the deceased was actually infected with the coronavirus in Ischgl and not before or after: “We think that we are very well able to prove this causality. The large number alone People who were infected in Ischgl and not anywhere else implied this causality. ”
At the beginning of the negotiation, attorney Klauser repeated the plaintiffs’ offer to come to an out-of-court settlement with the Republic of Austria. But the representatives of the Financial Procuratorate – the lawyers of the republic – reject it. Discussions about legal refinements and legal interpretations follow. For example about the Epidemic Act: “From a legal point of view, the Financial Procuratorate takes the position that the Epidemic Act is a law for the protection of the general public, but not of individuals. We believe this legal assessment is wrong,” says Klauser.
No further evidence
In the end, Judge Catrin Aigner also rejects the questions, witnesses and reports requested by the plaintiffs. And decides that no further evidence is necessary. After three and a half hours, she closes the procedure and announces a written judgment. It is completely open when that is to be expected.
Today’s decision of the judge has no influence on the other 14 lawsuits that are pending, says consumer advocate Kolba. Regardless of how the judge decides, the losing side will always take legal action. “That means, before the Supreme Court has decided the legal questions, there will be no final judgment and until then we will continue to sue.”
First process of corona outbreak in the party ski resort of Ischgl
Christian Limpert, ARD Vienna, Tagesschau 4:00 p.m., September 17, 2021
Applicant from Germany
Nothing will change for Dörte Sittig either. She came from Germany to be present at the first hearing – she too sued the Republic of Austria. Your partner died of Covid-19 in spring 2020 after a vacation in Ischgl. Her case will be heard in Vienna on September 27th: “I’m a bit excited, I think that’s also human. But I’m sure that the Austrian judiciary has checked everything so far and that it will come to a fair result. “
First day in the “Ischgl process”
Srdjan Govedarica, ARD Vienna, September 17, 2021 5:46 p.m.