In the long-standing Corona cause Ischgl, the Consumer Protection Association (VSV) spoke out again on Thursday. Its chairman Peter Kolba called on the Finanzprokuratur as the representative of the Republic of Austria and the Tyrolean LH Anton Mattle (ÖVP) to waive the statute of limitations for claims from people who were apparently infected in the winter sports resort by February 28 at the latest. Otherwise, a class action lawsuit will be filed against the Republic of Austria and the state of Tyrol.
The VSV represents the interests of another 117 holidaymakers who were infected with Covid from March 5, 2020 in Ischgl and “sometimes had serious consequences,” Kolba explained in a broadcast. These receivables would expire on March 5 of this year. In any case, further claims of approximately EUR 3.3 million were submitted.
“We have perseverance”
Waiving the statute of limitations defense could avoid further “lengthy proceedings” and resolve the legal issues in test cases, Kolba argued, adding: “It is unfortunate that those who have been seriously injured have years of have to wait. to enforce compensation, but we have a long breath.”
The SAAM had already requested an exemption from the limitation period in the past. In September 2020, the consumer protection organization filed the first official liability proceedings against the republic, but the regional civil court in Vienna rejected them because the republic was “neither culpable nor unlawful conduct attributable to the periods involved. ”.
Verdict overturned last year
In July of the previous year, the Vienna Higher Regional Court (OLG) overturned this verdict because it faced findings. The case was referred back to the Regional Civil Court for additional proceedings and a new decision.
The decision rests with the Supreme Court
The Finanzprokuratur has now appealed against the decision of the Higher Regional Court. According to the VSV, it believes that any errors in communication to the media cannot be attributed to the federal government, but only to the state of Tyrol. In any case, the ball is currently in the court of the Supreme Court (OGH) in about 120 individual proceedings, according to Kolba. It is now up to him to decide how to proceed.
Source: Krone
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