Hut owner annoyed

Corona lawsuit: “mountain rebel” wins, costs remain

The "Robin Hood of mountain hut landlords" in front of the Hecherhaus will continue to fight for justice.

(Bild: ZOOM.TIROL)

The fight against a bizarre coronavirus regulation during the pandemic cost a Tyrolean mountain hut landlord dearly. Wolfgang Schulze-Boysen, the tenant of the Hecherhaus above Schwaz, took legal action against the regulation and was actually proved right. But the German-born landlord was left with all the costs.

A brief flashback to the coronavirus era: Schulze-Boysen, better known as "Wuf", was not allowed to offer take-away on the terrace due to a bizarre coronavirus regulation. The irritating reason: the ski area was not connected to a public access road. "What does an access road have to do with infection rates? Who would understand that?" "Wuf" still shakes his head in disbelief.

In January 2021, the German-born man, who is often referred to as a mountain rebel, took action: he filed a lawsuit against the ordinance with the Constitutional Court.

Justice comes at a high price
His commitment to the cause of justice: legal fees in the five-figure euro range, enormous time and expenses for countless trips to Innsbruck. The reward for his efforts: after around ten months, the "Robin Hood of mountain hut owners" was proved right.

You win a legal case, but have to dig deep into your pockets for justice.

Wolfgang Schulze-Boysen

But the jubilation remained muted at the time. "I didn't get reimbursed for the enormous costs for the lawyer and expenses. I hadn't expected that," he says, still annoyed today. That was absurd, says the justice fanatic. "You win a case, but have to dig deep into your pockets for justice."

"There were no consequences for them at all"
The restaurateur is particularly upset by the fact "that the officials who issued this completely absurd ordinance got off scot-free. There were no consequences for them at all."

He could have sued for damages until December 2023. Schulze-Boysen: "But the lawsuit would have cost me around 20,000 euros, and according to my lawyer, the chances of success were 50 percent. I couldn't take this enormous financial risk." So he let the deadline pass.

He wants to continue fighting for justice in similar cases in the future and take to the streets. The "mountain rebel" will fulfill his one-year contract at the Hecherhaus.