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New opportunity for applications for compensation

The question of whether there exist compensation claims based on the Epidemic Act (EpG) for COVID restrictions remains unanswered.  In light of this, the extension of the deadline for filing compensation claims, which was recently approved by the National Assembly of Austria, is to be welcomed as a new opportunity for applications for compensation.

According to § 33 EpG, compensation claims are to be submitted within six weeks of the removal of the restrictive measure to the district administrative authority in whose area the measure was taken. For those businesses that were allowed to reopen from April 14, 2020, the deadline for asserting compensation claims expired at the end of May. The deadline has also come to an end for other merchandising firms, and the deadline for catering trade is imminent.

The National Assembly of Austria has now passed an amendment to the EpG, according to which a claim to compensation for loss of income, that exists because of official measures taken due to the occurrence of SARS-CoV-2, must be asserted within three months of the day that the official measures were removed. In addition, it is envisaged that those deadlines which have already expired or are still running will begin to run again when this provision comes into force. However, the Federal Assembly’s approval of this new regulation is still pending.

Even if the legislator has extended the deadline with this new regulation, it must still be assumed that only those who have made such an application within this now extended deadline can finally receive compensation. In the end, however, it will have to be decided by the Constitutional Court or by the Supreme Administrative Court whether such a claim is actually due.

Our expert Kerstin Holzinger will be happy to answer any further questions on this topic by phone or at akut@hnp.at.


This article is only general information and does not replace legal advice. Haslinger / Nagele Rechtsanwälte GmbH assumes no liability for the content and accuracy of this contribution.


24. June 2020

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