Replacement of corona damage - JKU legal scholars will analyze in the JKU Corona Update on April 20 who could be held liable for the enormous corona damage. Rector Meinhard Lukas, himself a civil law scientist, is discussing possible claims for compensation for the shutdown with lawyer Prof. Willi Bergthaler, among others. The claim for compensation for official closures provided for in the Epidemic Act is excluded in the Covid legislation. On the other hand, lawyer and legal scholar Bergthaler wants to appeal to the Constitutional Court. Civil law expert Prof. Andreas Geroldinger comments on official liability claims for possible government failures. The shutdown ordered by the federal government due to the corona pandemic has already caused billions in damage, especially in tourism and retail. This damage will continue to increase.

The Epidemic Act, which has been in force since 1950, provides for claims for compensation for loss of earnings for official closures in Section 32. With the Covid legislation, such claims should be excluded. The Constitutional Court is now being appealed against. Attorney Prof. Willi Bergthaler (Haslinger, Nagele & Partner) is currently preparing such proceedings. In the JKU Corona Update today, he will explain where he sees the constitutional weaknesses of the Covid legislation. Class actions against regional authorities (Republic of Austria, State of Tyrol) are currently being prepared. The allegation is made that the authorities reacted too late to the risk of infection, and in some cases even deliberately closed their eyes to it.

The basis for such claims is the Public Liability Act. If the allegations are true, official liability is basically to be affirmed. However, enforcing specific claims can be a rocky road because the injured party has to prove the causality of the behavior of the authorities. Civil law expert Prof. Geroldinger comments on this. Anyone who violates the rules of conduct specified in the ordinances of the Minister of Health and thereby infects another person faces not only administrative penalties, but also claims for damages. If you think of an entire chain of infection, there is an enormous liability risk up for discussion. Prof. Martina Schickmair analyzes how far liability of the individual can go here.

Rector Meinhard Lukas discusses with the following experts on the subject of "Replacement of Corona Damage":

• Attorney Hon.-Prof. Willi Bergthaler, JKU and lawyers Haslinger, Nagele & Partner
• Univ.-Prof. Dr. Andreas Geroldinger, Head of the Institute for Civil Law, JKU
• Ass.-Prof. In Dr. Martina Schickmair, Department of International Private Law and Uniform Private Law, Institute for Civil Law, JKU