Three cases and one loss
The case. 30 April is rarely a turning point - this year it's going into that direction. Due to its sunset clause, the prohibition to access public areas ends legally today at midnight. At least that's what the online Federal Law Gazette says (digitised, in the spirit of these times). Before you freely start moving: Even on 1 May, demonstrations are not allowed in large crowds on the Ringstrasse in Vienna. However, smaller authorised assemblies do not make a true Labour Day celebration. And it's hard to whistle with a mouth and nose mask – you can do in silence or over the Internet. Entrepreneurs would also like to know which relaxed barriers will still apply to their businesses (10 m² per person and mandatory mouth and nose protection?). In the course of tonight a new ordinance will be published and clarify various open points*. But in times of crisis, law is lagging behind politics. It will be right what the members of government proclaim. What hasn't worked out for the private sector (it was never forbidden anyway ...), will hopefully work for business. Trust is the new measure for forward-looking business. But this can be difficult in these hours…
The loss. The hotel and restaurant industry will have to wait a little longer for business. Visiting a restaurant will be special in the near future anyway. 11 p.m. becomes the new closing time for night owls - an initiative by the Minister of Health. Also, the accommodation providers expect our dearest neighbours (yes, looking north). Will they make it over the border, starting in June?
The case numbers. Every era causes quirks. We Austrians are normally the best soccer team leaders and skiers, but in a health crisis we are undoubtedly celebrated epidemiologists and viral experts. Was a shutdown ever necessary? The statistics are great. The true experts call it prevention paradox, logic thinkers speak of hindsight bias. And yet we wonder whether the next pandemic virus will be fought without balance again. But the state budget could put a spoke in our wheel anyway. In the long run, that won't work, more so if we want to provide plenty of government aid and tax cuts.
The court cases. Finally, let's turn to legal practice: compensation applications under the Epidemic Law are being filed. In a first wave, the applicants are those representatives of the tourist industry whose businesses were closed in the Ides of March due to epidemic law-based regulations (mainly cable cars, hotels and restaurants in tourist areas). Also affected are those businesses that had to close down after 16 March on another legal basis (Ordinance to the COVID-19 Measures Act). This group is also hoping for compensation similar to that under Section 32 of the Epidemic Law, even though the legislator has eliminated the right to compensation by means of specific legislation. After all, there are many businesses that are only indirectly affected by these distortions (lack of customer frequency in shopping centres, etc.), but have suffered massive losses in turnover. This last group also hopes for protection of fundamental rights and a generous treatment by the Constitutional Court and politics. We will discuss these issues with constitutional experts in a webinar that we will be holding next Tuesday in cooperation with the University of Innsbruck.
Please note: This blog merely provides general information and does not constitute legal advice of any kind from Binder Grösswang Rechtsanwälte GmbH. The blog cannot replace individual legal consultation. Binder Grösswang Rechtsanwälte GmbH assumes no liability whatsoever for the content and correctness of the blog.