Overview

• The Federal Court of Justice (III ZR 180/24) ruled on Oct. 9 that vaccinations performed under the Coronavirus-Impfverordnung were exercises of public authority.
• The test case involved a 2021 booster in Hamm, where the plaintiff sought at least €800,000 from his physician; the court rejected his revision.
• Personal claims against vaccinating doctors are barred for shots given in practices up to April 7, 2023, leaving only government liability under Article 34 of the Basic Law.
• The judgment does not address whether the plaintiff’s heart condition was caused by the vaccine, leaving causation and consent to be decided in follow-on proceedings against public defendants.
• The plaintiff says he will now sue the authorities, as patient advocates call for quicker, less adversarial assessments via health insurers and regional medical chambers.