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Instead of good resolutions and new fitness subscriptions, the year of fitness studies has basically not even begun, as the association’s president, Claude Ammann, states: “At first we thought that after 2020 things could only get better. But it has gotten a lot worse. “
Worse still, because the centers remained closed. And that’s at your busiest time. They make three-quarters of their sales between fall and spring. The fact that they can reopen from April 1, as promised by the Federal Council, is only half the consolation.
“Not even afford”
Ammann himself runs a gym in the canton of Solothurn with physical therapy and a doctor’s office, with a total of 12 employees. Especially in small fitness studios like Ammann’s, half of the clients are over 45 years old.
Some companies are holding on to the last straw and hope that the cantons will finally do their job.
They want to exercise regularly to stay healthy. Some gyms now offer online courses or outdoor activities with a maximum of five participants: “For a company that generates sales between 750,000 and 1.2 million, which most of our members do, it doesn’t even have costs.”
According to its own information, the association unites some 400 SMEs with 10,000 jobs, the fitness chains are not represented. Ammann criticizes the cantons and the federal government, the emergency funds were slow to arrive and would hardly be enough.
Legend:
The gyms feel abandoned by the federal government and the cantons and are preparing a lawsuit for damages.
Keystone
Many companies face financial failure. Especially in Valais and French-speaking Switzerland, where studios have been closed for a long time: “Some companies here have already bought or given up. They are holding on to the last straw and hope that the cantons will finally do their duty. “
Lawsuits are being prepared
Another path will be taken next week. The fitness center association wants to file a state liability lawsuit and therefore claim damages from the federal government. Urs Saxer, a lawyer and professor of constitutional and administrative law, confirms the preparations for this: “This is the only way to assert any claim for damages.”
Saxer believes that the effects of the Federal Council’s measures on the fitness industry are neither justified nor disproportionate. For example, fitness studios are not corona hotspots. However, the argument that indoor sport does not carry such a high risk of infection is controversial.
The obstacles are high
Either way: the obstacles to a lawsuit are high: Felix Uhlmann, professor of constitutional and administrative law at the University of Zurich, explains: “In particular, state responsibility requires that we have acted illegally by the authorities.”
And, according to Uhlmann, this condition for state responsibility is almost never met: “I assume that the courts give the Federal Council room for maneuver and that there is no longer a significant breach in office.”
We feel abandoned by the politicians and the cantons, who let us run into the abyss.
The Finance Department must evaluate the complaints and prepare a statement that is sent to the Federal Council. If the latter rejects a statement or the claim, the plaintiffs can go to federal court.
But that takes time. May be too long for certain health and fitness centers. The president of the Association, Claude Ammann, does not want to remain inactive: “We feel abandoned by the politicians and the cantons, who let us run into the abyss.” By suing for damages, you also want to set an example.
