Closed Class Action

Through ordinances issued by the individual district administrative authorities in the Western Austrian tourism regions (primarily ski resorts), the closure of accommodation establishments and the operation of cable cars was ordered around March 15, 2020. Reference was made to the Epidemics Act, which provides for a claim for compensation for the loss of revenue incurred due to such closures.

From our lawyers’ perspective, this claim for compensation was due to the affected businesses for the period until March 26 or 30, 2020, as the corresponding ordinances were revoked nationwide on those dates.

The federal government took the position that payments from the COVID-19 measures replace the legally stipulated compensation claim, even if these represent only a fraction of the compensation claim based on the Epidemics Act.

AdvoFin offered litigation funding for all affected businesses with a potential compensation amount of at least €15,000 to represent their interests in connection with the enforcement of their full compensation claims.

Participation in the collective action was possible for accommodation establishments and cable car operators from the federal states of Salzburg, Tyrol, Carinthia, and Vorarlberg who had to close their operations during the specified period – specifically for businesses located within the jurisdiction of one of the following district administrative authorities:

TYROL: BH Innsbruck, BH Kitzbühel, BH Kufstein, BH Lienz, BH Reutte, BH Schwaz, MA Innsbruck Stadt, BH Landeck, BH Feldkirchen, BH Imst

SALZBURG: BH St. Johann im Pongau, BH Hallein, BH Salzburg Umgebung, BH Tamsweg, BH Zell am See, MA der Stadt Salzburg

CARINTHIA: BH Hermagor, BH Klagenfurt-Land, BH Spittal an der Drau, BH St. Veit an der Glan, BH Villach-Land, BH Völkermarkt, BH Wolfsberg, MA Klagenfurt, MA Stadt Villach

VORARLBERG: BH Bludenz, BH Bregenz, BH Dornbirn, BH Feldkirch

Registration was possible until August 15, 2020. The collective action is closed. The claims of our approximately 200 clients were successfully enforced!