Pros & cons of compensation claims

The federal law on provisional measures to prevent the spread of the COVID-19 (COVID-19-Maßnahmengesetz) stipulates that the provisions of the Austrian Epidemic Act (Epidemiegesetz) on compensation for financial losses are not applicable. In the law section of the daily newspaper “Die Presse”, our Partner Kerstin Holzinger addresses the question of whether this provision is in accordance with the Austrian constitution. She adduces good reasons for an unequal treatment of company closings based on the Austrian Epidemic Act (which allows claims for compensation) and for those under the COVID-19 Measures Act (which denies claims for compensation in pursuance of the Epidemic Act).

The opposite point of view is represented by her lawyer colleague Paul Kessler here.

17. April 2020