Repay emergency aid 2020 (NRW)? This is how you can successfully reject Coronahilfe repayment due to immediate liquidity bottlenecks. | Update 2022
Can I possibly keep NRW 2020 emergency aid?
The Düsseldorf Administrative Court ruled in three cases in favor of self-employed workers and small businesses who had sued against the reimbursement of the NRW Corona 2020 emergency aid. The ruling is still under consideration by the OVG Münster.
The context of the decision was the information that the State of North Rhine-Westphalia had provided in the emergency aid application and the notices of approval regarding a possible repayment obligation. There, the repayment obligation was linked on the one hand to a loss of sales and on the other hand to liquidity bottlenecks, without specifying the exact basis of calculation. In addition, the emergency aid was intended for financial emergencies. Due to the vagueness of these requirements, the court found the decisions illegal and rejected the state’s reimbursement request.
How should liquidity bottlenecks, turnover and financial difficulties be defined?
The exact definitions should be understandable in advance so that the citizen can independently calculate the reimbursement conditions. Frequently Asked Questions are usually attached to each aid package as part of the Crown Aid, allowing you to provide answers; there are no definitions that must always be used, but the respective definitions of terms must be checked for each aid package. A “liquidity bottleneck” usually means a monthly profit that is lower than the monthly fixed costs, while sales are the company’s proceeds without accounting for expenses. “Financial distress” is a political term and difficult to define.
I have already repaid NRW 2020 emergency aid. Can I apply for a refund?
No; since the payment represented a fair benefit to which there is no entitlement, there is no basis for legal action after the repayment of the money.
I have received a complaint notice for which the opposition period has expired. Can I still refuse the refund?
Yes, if there are the same textual deficiencies in the texts used for the application, feedback form and refund notice as in the cases decided. Illegal decisions in this regard are effective, but may not be carried out by the administration, so that the data subject can effectively withhold the money.
I have received NRW 2020 emergency aid. What should I do?
Have the application and decision examined by a specialized lawyer. In a situation comparable to the individual cases decided, it can file an objection for you as a precaution, so that a refund notice is not issued in the first place.
Hermann Kaufmann law firm (04202-638370) will be happy to help you.
Sources on the subject of reimbursement of crown aid
https://www.vg-duesseldorf.nrw.de/behoerde/presse/pressemitteilungen/2022/2221/index.php
https://www.tagesschau.de/inland/regional/nordrheinwestfalen/wdr-story-49845.html
https://rechtsanwaltkaufmann.de/oeffentliches-recht/coronahilfe-soforthilfe-2020-rueckzahlung
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