Court rules Austria can’t be held liable for early COVID infection at ski resort

The Supreme Court of Justice announced its verdict in a long-running legal battle involving a German resident who traveled to Ischgl on March 7, 2020 and visited several apres-ski venues before returning home six days later. He experienced the first coronavirus symptoms shortly afterward.

The outbreak in Ischgl, a popular resort in western Austria, was considered one of Europe’s earliest “super-spreader” events of the pandemic. The federal court found that the regional government gave incorrect information in a March 5, 2020 statement suggesting that Icelandic passengers who had flown from Munich to Reykjavik and then tested positive were infected on the plane rather than in Tyrol. In fact, the court said in its May 15 verdict, authorities had already had an indication that at least one man developed symptoms before flying home.

It also upheld lower courts’ findings that authorities’ obligations under anti-epidemic laws were designed “exclusively to protect the general public.”

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