It is currently not yet legally clear whether the entry bans under the COVID-19 Measures Act could potentially give rise to claims for compensation under the Epidemic Act. For this reason, an application would be associated with legal uncertainties, but in some cases – including from a commercial perspective – it would definitely make sense and justifiable. If you decide to submit an application, it should be noted that within six weeks of the removal of the restrictions, such an application for compensation for loss of earnings under the Epidemic Act would have to be submitted in order to benefit from any applicability of the Epidemic Act to be able to.

 

Due to the fact that in many cases the deadline is already close, namely on May 25th, 2020, any application should be submitted as soon as possible.

In our previous newsletter from April 30, 2020, the question was discussed as to whether compensation claims based on the Epidemic Act would be conceivable due to the entry bans and traffic restrictions that were valid until the end of April 2020 (based on the COVID-19 Measures Act). The decisive factor in answering this question is, on the one hand, whether the COVID-19 Measures Act used should be repealed at all (as unconstitutional) and, on the other hand, whether this would lead to the measures imposed being subsumed under the Epidemic Act.

More about this in our new article.

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