• Vienna, Austria • 2021 MAR 24 •
AUSTRIAN COURT DECISION
Article Source: https://www.info-direkt.eu/2021/03/31/oesterreichisches-gericht-kippt-urteil-pcr-test-nicht-zur-diagnostik-geeignet/
By Michael Mayrhofer
“In the name of the republic” a sensational judgment
was issued on March 24 under the business number VGW-103/048/3227
/ 2021-2 , which gave the Kurz government a resounding slap in the
face. The court stated in several places that a PCR test is not suitable
for determining infectivity. This probably factually correct judgment
indirectly rejects the entire corona policy in Austria, which is based on this
test.
The Vienna Administrative Court has granted a complaint by
the FPÖ against the prohibition of its meeting registered for January 31 in
Vienna. "The prohibition was wrong," it says in the name of the
republic. In the grounds of the judgment, the court stated on the basis
of scientific studies 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. In
particular, the criteria and definitions used to determine the number of corona
sufferers are being massively questioned.
"PCR test not suitable for diagnostics"
It is expressly pointed out that even according to the World
Health Organization (WHO) "a PCR test is not suitable for diagnosis and
therefore does not say anything on its own 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, because:
Should the Corona Commission have based the case
definition of the Minister of Health and not that of the WHO; so, any
determination of the numbers for "sick / infected" is wrong.
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”.
The court literally:
Based on the definitions of the Minister of Health, "Case definition Covid-19" of December 23, 2020, a "confirmed case" is 1) every person with evidence of SARS-CoV-2-specific nucleic acid (PCR test, note), 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. Thus, none of the three "confirmed cases" defined by the Minister of Health meets the requirements of the WHO concept of "sick / infected person". The WHO refuses to rely solely on the PCR test (confirmed case 1) (...)
Here the original judgment on the side of the vote of the
day: Administrative Court Vienna
The FPÖ will present further details from the groundbreaking
finding to the public today. Club chairman Dagmar Belakowitsch and health
spokesman Gerhard Kaniak have called a press conference for 11 a.m., which can
be followed live on FPÖ-TV
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