According to the courts, the claim of a company operating a wellness, swimming pool or gym was not given either under the Act on Liability for Damage Caused in the Exercise of Public Power or under the Crisis Act. The ministry issued extraordinary measures in accordance with the Act on the Protection of Public Health during a State of Emergency.
But the company did not give up and appealed to the Supreme Court. And the senate, headed by David Vláčil, wished to hear her arguments, as Václav Vlček from the Supreme Court informed Fairpress.
“If the Ministry of Health issued an emergency measure in order to solve a crisis situation during a crisis situation, to be formally designated as an emergency measure according to the Act on the Protection of Public Health, it was a measure issued under the Crisis Act and the State of the Crisis Act is responsible for the damage caused by its implementation,” stated the Supreme Court.
According to the Supreme Court, the state cannot get rid of responsibility just by using a legal loophole. “In other words, the state cannot absolve itself of its responsibility for damage under the crisis law only by labeling the assessed emergency measure as a measure issued under the Public Health Protection Act,” the judges added.
The case thus returns to the beginning to the District Court for Prague 2, which is to decide again and better.
