New hope for the Corona victims of Ischgl: In a judgment on Monday, the Higher Regional Court (OLG) Vienna overturned a first-instance judgment that had rejected 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.
The OLG said that information was knowingly given that did not reflect the current status of the surveys. This is “illegal and culpable information” for which the Republic of Austria is 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 those injured in 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.