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Tourists from Germany, Austria and Switzerland are demanding damages in connection with the spread of the coronavirus in the Tyrolean ski resort of Ischgl. The Austrian Association for Consumer Protection (VSV) has filed the first civil lawsuits against the Republic of Austria in the Vienna Regional Court, the private organization announced.
These are the first test cases, not a class action. The demands were made on behalf of individuals. In total, more than 6,000 Tyrolean tourists from 45 countries registered with the association, about 80 percent of them had tested positive for Sars-CoV-2 after their return from Ischgl. More procedures could follow after the model lawsuits, around a thousand people wanted to be legally represented by SAAM.
According to attorney Alexander Klauser, who represents SAAM, the sample cases presented are intended to achieve rapid legal success. In one case, an affected person died of Covid-19 and her survivors had filed a lawsuit. In two other cases from Germany, the disease was so severe that patients are still being treated, in the fourth case the person recovered after a corona infection in Ischgl, but had to wait for long-term consequences.
According to Klauser, claims for pain and suffering amount to 100,000 euros in one case and 45,000 euros in another. In addition, liability for indirect damages, from which further financial claims may arise, should be clarified.
After the negotiation of the four model cases, more lawsuits would follow, VSV President Peter Kolba said. In the next step, the consumer protection association wants to try to organize one or more major class actions in the next year. “But it will take years, if not decades, for such class actions to end with lawsuits,” Kolba said.
Lawyer appeals to the Austrian government
According to the ORF, Kolba appealed to the Austrian government around Chancellor Sebastian Kurz (ÖVP) to make sure he is dealt with promptly. “You don’t want to work for ten years,” said the president.
The corona outbreak in Ischgl, also known as the “Ibiza of the Alps”, was considered the country’s hotspot and contributed to the spread of the virus across Europe. The virus has likely found the ideal breeding ground for spread, especially in crowded après-ski bars.
The first case in Ischgl was discovered on March 7, days after Iceland had already warned that tourists had been infected there. The first cases in Austria were reported in late February. Federal Chancellor Sebastian Kurz finally announced on March 13 an immediate quarantine for Ischgl and the surrounding Paznaun Valley. However, tourists were allowed to leave the resorts, which was highly controversial because it allowed the virus to spread further. SAAM accuses local authorities of reacting too slowly and inappropriately to the outbreak.
Ischgl prepares for next season
Meanwhile, Ischgl is taking steps to prevent the virus from spreading again in the winter season. All tourism employees must arrive with a negative corona test or be tested on site. During the season, employees would be offered ongoing testing opportunities.
In addition, the wastewater will be tested for the virus. The cable car cabins will be continuously disinfected using cold fogging devices. The same method is also used on a daily basis in ski buses, as well as in sports shops, ski depots, sanitary facilities, elevator cabins and first aid stations. However, après-ski parties will no longer exist in their previous form.
