Sentence of the Vienna Court of Administrative Law

The prohibition of an anti-covid demonstration in Vienna was unlawful. The corresponding administrative act was declared null and void. The original sentence can be found here.

Some major reasons for the judgement,

- according to the WHO
(WHO Information Notice for IVD Users 2020/05, Nucleic acid testing (NAT) technologies that use polymerase chain reaction (PCR) for detection of SARS-CoV-2, 20 January 2021),
the decisive numbers are the numbers of infections/sick persons rather than the number of persons tested positive or similar numbers

- a PCR-test is unsuited to replace a diagnose and does, therefore, in itself not say anything regarding a disease or an infection of a person; the WHO does not accept the mere focusing on PCR tests

-  also, focusing on the outcome of an antigen-test leaves open the question whether or not a medical doctor has diagnosed the disease. Medical diagnoses are exclusively the realm of physicians. In other words, whether someone is sick or not, necessarily requires a diagnosis made by a physician

- regarding the definition of "cases", if the corona-commission (which is an official advisory board to the Minister of Health) used as a basis the definition of the Minister of Health rather than that of the WHO, every statement regarding the numbers of sick/infected people would be mistaken.