In the Corona long-term case Ischgl, the Consumer Protection Association (VSV) has filed a class action lawsuit for 121 Covid-infected people against the Republic of Austria and the state of Tyrol at the Innsbruck Regional Court with a disputed value of almost 3.4 million euros.
Those affected come from Austria, Germany, Switzerland, Great Britain, the Netherlands, Finland, Norway, Denmark, Poland and the US, the VSV reports on Wednesday.
A waiver of the statute of limitations was sought – unsuccessfully
Together with the ongoing and new individual legal expenses insurance lawsuits, some seven million euros would be claimed, explained VSV chairman Peter Kolba. He had recently asked the Finanzprokuratur as the representative of the Republic of Austria and the Tyrolean Governor Anton Mattle (ÖVP) to waive the statute of limitations for claims from people apparently infected at the winter sports resort by February 28, but he did not do so .
Otherwise, a class action lawsuit will be filed. Because the claims of holidaymakers would expire on March 5 of this year. According to the VSV, the principle ruling of the Supreme Court (OGH), which is expected in the coming weeks, must be awaited.
Surprised at “Tyrolean stubbornness”.
But the state of Tyrol “flatly refused,” Kolba said. The Finanzprokuratur, as the Republic’s lawyer, gave its consent in December 2022, but set “unacceptable conditions” in subsequent negotiations. Tyrol now had to be sued “as a precaution”, although the state’s legal opinion is that the Republic of Austria is liable for all official errors, Kolba says he is surprised at “Tyrol’s stubbornness”.
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. ”. 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 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.
Source: Krone
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