Background

In reaction to the the government’s prohibition of a meeting by the Austrian party FPÖ registered for January 31 in Vienna , the FPÖ took the government to court. [1]

Courts in Portugal, Germany and the Netherlands have previously ruled that PCR tests are not suitable for COVID-19 diagnosis and that lockdowns has no legal or scientific basis. [4]

Based on the definitions of the Minister of Health, “Case definition Covid-19” from December 23, 2020, a “confirmed case” [4]

1. is any person with evidence of SARS-CoV-2-specific nucleic acid (PCR test), regardless of clinical manifestation or
2. any person with evidence of SARS-CoV-specific antigen that meets the clinical criteria or
3. any person with evidence of SARS-CoV-specific antigen that meets the epidemiological criteria.

Significance

Since all covid measures rest on the accuracy and believability of the PCR test to diagnose the covid disease, any decision against this throws into doubt the entire pandemic narrative.

Plaintiff’s Argument

The Plaintiff argued that the PCR test used to justify the prohibition is flawed and “not suitable for diagnostics”

Even according to the World Health Organization (WHO), “a PCR test is not suitable for diagnosis and therefore does not say anything about the disease or infection of a person”. However, the Minister of Health uses a completely different, much broader case definition for Covid-19 diseases, which cannot be used to justify the prohibition of a meeting.

In cases where the number of people infected with the corona was defined based on the Austrian Minister of Health and not on the WHO, any determination of the numbers for “sick/infected” is wrong.

…More information is needed…

Relevant Prior Judgements/ Cases

• In October 2020, an Austrian court also declared lockdowns unconstitutional [3]
• In a similar ruling, a Portuguese appeals court has ruled thatPCR tests are unreliable and that it is unlawful to quarantine people based solely on a PCR test. [4]
• A German court in a landmark ruling has declared that COVID-19 lockdowns imposed by the government are unconstitutional. [4]
• Thuringia’s spring lockdown was a “catastrophically wrong political decision with dramatic consequences for almost all areas of people’s lives,” the court said, justifying its decision. [4]
• Earlier, an American federal judge ruled coronavirus restrictions in Pennsylvania as unconstitutional. [4]

• Even the Hague Court has ruled that the COVID-19 lockdown which was imposed by the Dutch Govt had no legal basis and that it was illegal. [4]

  However, the Dutch appeals court overturned the ruling within hours which ordered the government to lift the “illegitimate” measure immediately. [4]

  The appeals judges argued that they wanted to avoid what they called a “yo-yo effect,” referring to public confusion around whether the curfew was still in force. [4]

Decision

Austrian court issued a sensational judgment on March 24, which slapped the government’s covid policy. The court states that a PCR covid-test is not suitable for determining infectivity. This factually correct judgment indirectly rejects the entire corona policy in Austria, which is based on this test. [1]

“The prohibition was wrong,” it says. Based on scientific studies, the court stated that the grounds for the prohibition put forward by the Vienna State Police Department are completely unfounded.  The court agrees with the statements in the complaint “on all points” and even goes far beyond the arguments put forward by the FPÖ itself. The criteria and definitions used to determine the number of corona victims is massively questioned. [1]

The court came to the conclusion that the “information” from the Vienna City Health Service, on which the prohibition by the Vienna State Police Department was based, “did not contain any valid and evidence-based statements or findings on the epidemic”. [1]

The court says that based on scientific studies, the prohibition put forward by the Vienna State Police Department is completely unfounded. The ruling also states that the case definition used by the Ministry of Health contradicts that of the World Health Organization, which refuses to rely solely on PCR tests to diagnose infection [see WHO finally admits the problem of PCR tests for a brief summary]. [2]

Aftermath

Despite this ruling the Austrian Government in November pushed harder on its emergency measures by becoming the first nation to mandate covid vaccines for all by Feb 1 2022.

Further Research

Court Documents:

• Read the Court Ruling
• Read the English Translation of the Court Ruling

In the news:

• Österreichisches Gericht kippt Urteil: PCR-Test nicht zur Diagnostik geeignet

Media

Keyword

Austria, Diagnosis, FPÖ, PCR, Test, Vienna