There are currently different points of view on the question of whether it is appropriate to apply for compensation within the meaning of the Epidemic Act for companies affected by the entry bans. It is sometimes relatively unreflectively advised to file a claim for compensation under the Epidemics Act in order to “secure” a possible claim and the opportunities and risks of such a procedure are sometimes presented in a very shortened manner.

When assessing whether there are any claims for compensation under the Epidemics Act due to a business closure or an official restriction, the main factor is whether the specific measures based on the COVID-19 Measures Act should actually have been carried out on the basis of the Epidemics Act. Two questions are therefore crucial, namely, on the one hand, whether the legal basis used should be repealed at all and, on the other hand, whether this leads to the measures imposed being subsumed under the Epidemics Act.
You can find further details in our current newsletter.

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