Subscribe to DeepL Pro to translate larger documents. Visit www.DeepL.com/pro for more information. CONSTITUTIONAL COURT Freyung Vienna8,1010 V 11/2022-4 Federal Minister for Social Affairs, Health, Care and Consumer Protection Stubenring 1 1010 Vienna In the above-mentioned3 ordinance review proceedings, the following 2022information is requested by February20 18 - also in preparation for a possible oral hearing: 1. In the ordinance files on the ordinances issued on the basis of the COVID-19-MG, reference is made in particular to figures of persons hospitalized in connection with COVID-19 in normal or intensive care units, as well as to figures of deceased persons. According to a report in the daily newspaper "Die Presse" of October 11, 2021 ("Geimpfte im Spital: Wirkt die Impfung überhaupt?"), which is cited as an example, according to official information "for example, if patients are in intensive care due to kidney failure who happen to test positive for Corona", these "would count as Corona cases". The Constitutional Court therefore requests information as to whether the hospitalization or deceased figures given in the ordinance files include all persons infected with SARS-CoV-2 who are hospitalized in normal or intensive care units or who have died "of or with" SARS- CoV-2? If so, why is this method of counting chosen? Furthermore, the Constitutional Court requests - if necessary - a breakdown of these figures: - Individuals who died with COVID-19, individuals who died with COVID-19, and individuals who died (asymptomatic) with SARS-CoV-2. - Individuals hospitalized in ICUs for COVID-19, individuals hospitalized in ICUs for another indication but also suffering from COVID-19, and finally individuals hospi- talized in ICUs for another indication and infected (asymptomatic or with mild course not requiring hospitalization per se) with SARS-CoV-2. - Individuals hospitalized for COVID-19 in normal wards, individuals hospitalized for another indication in normal wards, but also suffering from COVID-19 -2- and persons hospitalized in normal wards for another indication who were infected with SARS- CoV-2 (asymptomatic or with a mild course not requiring hospitalization). The Constitutional Court requests information on the respective figures in total (broken down by age cohorts) and for January25. 2022. 2. What is the average age and what is the median age of persons hospitalized for COVID-19 in normal wards and in intensive care units and of persons who died of COVID-19? 3.1. What is the number of deaths per case of100.000 disease by age cohort and gender? What is the number of hospitalizations in normal or intensive care units per 100.000 disease cases by age cohorts and gender? 3.2. What is the number of deaths per 100,000 infections by age cohort and gender? How high is the number of hospitalizations in normal or intensive care units per 100.000 Infections by age cohorts and gender? 3.3. What is the number of deaths per 100,000 inhabitants by age cohort and gender? What is the number of hospitalizations in normal and intensive care units per 100,000 inhabitants? 100.000 Residents by age cohorts and gender? 4. Which virus variants were present in infected persons, hospitalized persons, and deceased persons on January 1, 2022, on January 25, 2022, and on the current day, and in what percentages? 5. What is the percentage allocation of infections that take place to areas of life (such as family, work, shopping [basic supplies, other goods], various free-time activities)? 6. By what factor does wearing an FFP2 mask indoors or outdoors reduce the risk of infection or transmission? -3- 7. What is the distribution of vaccination rates (broken down by single, double, triple vaccination) across al- ters cohorts? 7.1. Related to omicron infections: What was the average 7-day incidence in January among2022 persons without vaccination against COVID-19, among persons after the second vaccination but before the expiration of days14 after the second vaccination, then among persons with completed vaccination "basic immunization" (without "booster vaccination"), and finally among persons with "booster vaccination"? 7.2. By what factor does COVID vaccination reduce the risk of severe courses? In media reports, there was talk of up to 95%. Now, the general risk of dying from COVID-19 (not differentiated by age and health status) currently appears to be 0.1516% (see AGES dashboard). What does a stated vaccination efficacy of, for example, 95% refer to? What do absolute and relative risk reduction mean in this context? 7.3. To what extent do a first vaccination, a second vaccination and a third vaccination reduce the risk of being hospitalized in a normal ward or in an intensive care unit because of COVID-19 or of dying from COVID-19? Does this measure depend on the viral variant (predominant in each case)? 7.4. According to media reports, the protective effect of COVID vaccinations should decrease with the passage of time. Is this true? What is the protection factor after the second vaccination with the most commonly used vaccine three months, six months and nine months after the second vaccination? Please indicate the absolute and relative risk reduction in each case. 7.5. What is the proportion of first, second, and third-time vaccinated persons, respectively, hospitalized for COVID-19 and hospitalized with SARS-CoV-2? 7.6. It seems to be in accordance with the state of the art that persons with COVID vaccination can also become infected with SARS-CoV-2, fall ill with COVID-19 and transmit SARS-CoV-2. To what extent does COVID vaccination reduce the risk of infection, illness, and transmission? A breakdown is requested if this measure depends on the number of vaccinations and/or the elapsed time since the last vaccination. 8.1. With what probability does a negative molecular biological test for SARS-CoV-2 (§ 2 para. 2 line 3 of the 6th COVID-19-SchuMaV as amended by BGBl. II 24/2022) exclude that the tested person can infect other persons with SARS-CoV-2 within hours72 after taking the test? -4- Considering the incubation period: How long from (negative) test collection is it excluded (with highest probability) that a negatively tested person transmits SARS-CoV-2 viruses? 8.2. What is the risk of transmission in a person infected with SARS-CoV-2 with second vaccination three, six, and eight months ago, respectively, compared to an unvaccinated person with a negative PCR test hours24 ago? 9.1. What is the COVID-related hospitalization risk (normal ward or intensive care unit) of an unvaccinated 25-year-old over a one-year period? 9.2. What is the COVID-related hospitalization risk (normal ward or intensive care unit) of a 25- year-old who has been vaccinated twice with the most common vaccine in Austria in the third, sixth, and ninth month after the second vaccination, respectively, calculated over a period of one year? 9.3. What is the COVID-related hospitalization risk (normal ward or intensive care unit) of an unvaccinated 65-year-old over a one-year period? 9.4. What is the COVID-related hospitalization risk (normal ward or intensive care unit) of a 65- year-old who has been vaccinated twice with the most common vaccine in Austria in the third, sixth, and ninth month after the second vaccination, respectively, converted to the period of one year? 9.5.1. The so-called "lockdown for the unvaccinated" cannot exclude an infection, e.g. in the family or at work, but it can exclude an infection in a restaurant. With reference to the assignment of infection risks to areas of life (above 5): By how many percentage points does the "lockdown for the unvaccinated" reduce the infection risk of an unvaccinated person (basis: infection risk without "lockdown for the unvaccinated" = 100)? 9.5.2. The "lockdown for the unvaccinated" is likely to be based, among other things, on the consideration that persons without COVID vaccination have a higher risk of hospitalization than vaccinated persons, which is likely to entail a higher risk for the health care system. Now, hospitalization risk is also likely to depend significantly on age. Vaccination coverage rates are likely to vary by age cohort. In any case, the vaccination coverage rate across all age groups is likely to be around %75 "second vaccinated". Furthermore, the incidence of infection is likely to be distributed differently across different spheres of life, with the "lockdown" for the unvaccinated likely to exclude only certain sources of infection for them. Taking these parameters into account, as well as the degree of risk reduction through a second vaccination, what is the effect of the "lockdown for the unvaccinated" on the hospital burden, expressed in percentages? -5- Or in absolute numbers: The AGES dashboard shows 1049 COVID-19 patients in normal wards and 194 COVID-19 patients in intensive care units for January 24, 2022. By how many beds would the utilization of beds in normal and intensive care units be higher if there were no "lockdown for the unvaccinated"? 10. The daily newspaper "Der Standard" reported on December2. under2021 the headline "Fewer COVID-19 victims than last fall, but higher excess mortality" that there were one third fewer COVID-19 deaths compared to the previous year, but at the same time a weekly excess mortality in the three-digit range. Is this true? If so, what was the total excess mortality in 2021 that could not be explained by COVID-19 deaths, and what is the explanation for this excess mortality? Vienna, January 26, 2022 From the Constitutional Court: Dr. HAUER Issued to: 1. Federal Minister for Social Affairs, Health, Care and Consumer Protection, Stubenring Vienna;1,1010 2. Ulrike Reisner et al., for the attention of RA Stix Rechtsanwälte Kommandit- Partnerschaft, Rotenmühlgasse 11/10, 1120 Vienna, attn. Signatory Constitutional Court Austria Date/Time 2022-01-27T06:46:02+01:00 CN=a-sign-corporate-07,OU=a-sign-corporate-07,O=A-Trust Ges. f. Exhibitor Certificate Sicherheitssysteme im elektr. Datenverkehr GmbH,C=AT Serial no. 1974040582 Note This document has been officially signed. Information on the verification of the electronic seal or electronic signature can be found at: Test information http://www.signaturpruefung.gv.at Information on how to check the printout can be found at: http://www.vfgh.gv.at/verifizierung
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