Deadline for setting up a claim to compensation for damages caused by crisis measures ( No. 939)

We have informed you earlier about the state responsibility to reimburse injured parties for the damage that arose because of the adopted crisis measures.

According to the Crisis Management Act, the state will compensate for such damage that arose as a direct result of crisis measures. Typically, this will be deteriorated inventory (e.g. food provisions), which the enterpriser could not expend due to crisis measures (e.g. closure of business premises and outlets). However, the core of most of the claims is likely to be lost profits. Nonetheless, their calculation is quite complicated, as claimant will have to prove that the profit loss came exclusively as a consequence of the crisis measures and not as a result of the COVID-19 pandemic in itself. The claimant will therefore have to quantify what profit he would have made if the pandemic had been in progress and the state had not adopted any crisis measures.

On the other hand, it is not possible to claim reimbursement of those expenses that are not the result of crisis measures, i.e., for example, constant costs (rent, wages etc.).

According to the Crisis Management Act, it is necessary to assert the right for compensation for damages no later than 6 months from the moment the aggrieved party became aware of the origin of a specific damage. As the first crisis measures were adopted on 12 March 2020, the first deadlines will expire on 12 September 2020 already. Therefore, if you believe you are entitled to a compensation, it is time to act.

Through our affiliated law office KODAP legal, we are ready:

• to help our clients with the assessment of the occurred damages and state liability;
• to assist our clients in formulation their claims for damages;
• to provide our clients with representation in prospective court litigations.

If you have any questions, please contact directly our fellow lawyers HERE.

publikováno 31.08.2020