Corona hotspot
Turnaround in the Ischgl process: plaintiffs can hope for compensation again
A skier gets a drink at the “Fire & Ice Bar”.
© Expa / Johann Groder / APA / DPA
Good news for the Corona victims of Ischgl: The Higher Regional Court in Vienna has overturned an earlier judgment in the process. The plaintiffs can now hope for financial support.
The Corona victims of Ischgl can hope for compensation again. In a judgment on Monday, the Higher Regional Court (OLG) Vienna overturned a first-instance judgment that had dismissed the claims of a German plaintiff for compensation for pain and suffering, healing and care costs and lost earnings.
State information about impending dangers must be correct and complete, it said. This was not the case in Ischgl. There, the media office reported in the late afternoon of March 5, 2020 that vacationers from Iceland suffering from Corona had been infected on the plane on the return trip, according to initial findings. At that time it was known that the first symptoms had already appeared in Ischgl in two infected people.
Ischgl: Plaintiff hopes for damages
The OLG said that information was knowingly given that did not reflect the current status of the surveys. This contained “illegal and culpable information” for which the Republic of Austria was fundamentally liable. The Higher Regional Court referred back to the first instance and also allowed a challenge to the Supreme Court because of the fundamental legal issues.
The plaintiff responded with satisfaction. “The court of first instance must now examine the official liability claims in a well-founded manner. We therefore trust that the Republic of Austria will ultimately pay damages to the victims of Ischgl,” said Peter Kolba from the consumer protection association (VSV). The SAAM represents the interests of around 100 plaintiffs, all of whom had previously failed in the first instance. In March 2020, Ischgl was also considered a hotspot for the spread of the virus because of its après-ski scene. Thousands of tourists are said to have spread the virus in parts of Europe, not least because of the sometimes chaotic conditions on their departure.