On October 9, 2025, the Federal Administrative Court ruled that an employed person who was in quarantine in October 2021 due to infection with the coronavirus and thus suffered a loss of earnings cannot claim compensation from the state under the Infection Protection Act if they did not take advantage of the vaccination publicly recommended at the time despite having sufficient opportunity to do so.

The lower courts had ruled otherwise and ordered the state to pay compensation. The Administrative Court of Baden-Württemberg (VGH) had assumed that the plaintiff “could have avoided” isolation by getting vaccinated within the meaning of Section 56 (1) sentence 4 IfSG. This was because the VGH believed that isolation could only have been avoided by taking the vaccination if the vaccination had been “highly likely” to prevent infection. According to the VGH, this would require the vaccination to be “90 percent” effective against infection, or at least not significantly less than that. In October 2021, the COVID-19 vaccination had an efficacy of approximately 72 percent.

The Federal Administrative Court upheld the appeal by the state of Baden-Württemberg, overturned the lower court rulings, and dismissed the action. The plaintiff could have avoided infection and isolation within the meaning of the provision, insofar as the vaccination was effective (also) against infection with the virus. The possibility of avoiding infection was sufficient for it to be considered avoidable.

OPPENLÄNDER Rechtsanwälte represented the state of Baden-Württemberg in the proceedings. The following lawyers were involved: Dr. Malte Weitner (litigation, state liability, IfSG), Dr. Maximilian Stützel (public law, constitutional law).