After returning from a risk area: compensation for quarantine?

Created: 01/17/2022 10:46 am

By: Franziska Kaindl

Strict rules apply to entry into Germany from risk areas.

© Ralph Peters/Imago

The strict entry rules do not appeal to all holidaymakers: a couple demanded compensation for pain and suffering because they had to go into quarantine after returning from a risk area.

Since the beginning of the corona pandemic, many countries have tightened their entry rules - including Germany.

The measures differ in some cases depending on the federal state.

In addition, they have been repeatedly adapted to the current situation in recent months.

The federal government now only divides into high-risk areas and virus variant areas*.

About a year ago, however, things looked different: At that time there were also the “normal” risk areas, such as those according to the Corona Quarantine Ordinance of the State of Hesse.

Therefore, a couple who flew to Frankfurt on a flight from Heraklion in Greece on March 9, 2021 had to be in quarantine for ten days.

But neither of them liked it.

Couple demands compensation for travel quarantine

At that time, the ordinance of the state of Hesse stipulated that people entering Germany from risk areas had to go into

for ten days .

The quarantine could be ended early at the earliest from the fifth day after entry with a negative corona test.

The couple, who spent their vacation in Greece, which was then a risk area, carried out a PCR test immediately after entering the country, which was negative.

The wife then remained in quarantine for six days before testing herself free with a negative rapid antigen test.

The husband, on the other hand, remained in self-isolation for the entire ten days.

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In her opinion, however, the state of Hesse acted in breach of official duties when it issued the Corona Quarantine Ordinance.

The couple claimed to have suffered from "frustration, anxiety, trouble sleeping, difficulty concentrating, emotional exhaustion, depression, irritability, existential angst and the lonely situation."

They demanded

.

However, without success: the official liability chamber of the regional court in Frankfurt am Main

(Az.: 2-04 O 165/21).

Quarantine after returning from risk area proportionate: judges reject lawsuit

In their verdict, the judges stated: "Contrary to the plaintiffs' view, the SARS-CoV-2 virus is a pathogen that can lead to the lung disease COVID-19 and

." been classified in terms of the Infection Protection Act because they entered the country from an international risk area.

"The fact that the plaintiffs proved on the day of entry with a negative PCR test that they were not suspected of being infected is only a snapshot that, due to the incubation period, does not make any statement about pathogens picked up during and shortly before the start of the flight".

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The

, since the plaintiffs' interest in being able to move freely is opposed to the "interests of the general public in the most effective possible protection of life and limb and the public health system".

The spouses were also aware before the start of the trip that they would have to go into quarantine after returning to Germany from a risk area.