quarantine

On 18 May 2022, the Düsseldorf Regional Court (Landgericht) rejected damage claims for pain and suffering as a result of three orders to quarantine (file n°2b O 100/21).

The plaintiff is a minor and was 5 years old when her school had issued her confinement orders at three different moment in spring 2021, for being in contact with other children who had been infected with COVID-19. The plaintiff was claiming damages of €250 for each of the 28 days she had been quarantined (€7,000 in total), because she had suffered considerable psychological stress, was at risk of developing post-traumatic stress disorder, her whole family had suffered from the situation, and she had developed a vitamin D deficiency.

However, the Düsseldorf Regional Court considered that the plaintiff was not entitled to claim damages for pain and suffering because it found no breach of official duty by the defendant. The court found instead that the defendant had acted as the competent authority to issue such quarantine orders. In fact, the defendant had complied with the Infection Protection Act. The plaintiff was also unable to proof the existence of a culpable breach of official duty because the underlying assessments and procedures leading to the contested quarantine orders had followed sound scientific evidence issued by the Robert Koch Institute, from which the defendant had not departed. Consequently, the court rejected the damage claims for pain and suffering.

Reference: ECLI:DE:LGD:2022:0518.2B.O100.21.00

Full text of the decision available at openjur.de de