1.) Facts and legal qualification
Numerous recipients of state subsidies and aid are still being called upon by relevant institutions to reimburse services received due to krone-related sales and profit losses in their respective federal areas.
In the individual federal Länder, several positive judgments at first instance have already been won against the reimbursement requests of the respective institutional participants. ia In this context, reference is made to the decisions of the Administrative Court of Düsseldorf (AZ: 20 K 7488/20, 20 K 217/21 and 20 K 393/22).
The decisions taken so far by the courts are correct and can be judged to be legally conclusive. This is for the following reasons:
In many cases, grants and Crown aid were granted and disbursed without any ancillary provision (administrative benefits act).
At the same time, governments and their respective government officials in the public media have described the payments as immediate support and state aid for companies affected by the loss of state sales and orders (created element of trust).
The administrative act that has been granted in a favorable manner can therefore no longer be revoked without further delay, even for the whole of the fiduciary element. This is similarly true for Corona emergency aid granted accordingly.
As part of the cleanup procedures initiated in the respective federal Länder, suddenly – and for the companies concerned – completely unexpected and unpredictable proof requirements such as the calculation of liquidity for a period of 3 months from payment appear. If this entry is not entirely negative, the Crown aid must be repaid in whole or in part.
However, this “payment requirement” was never part of the payment process and the granting of payment.
It is not clear to the courts either how reimbursement notices can now be based on these requirements.
2.) Recommendation for action
If you are currently facing coronavirus reimbursement claims from 2020 in the context of the above facts, this is lodge an appeal consider against the official decision.
After one has Clarifications written with the authority / institution to take place.
Payments must be made only for the purpose “Subject to and without recognition of a legal obligation until final clarification“ be made.
This article does not constitute concrete, individual legal advice, but merely provides a rough initial overview of the legal issue described. In particular, the explanations purport to be complete. You can gain legal certainty for your specific case series only through coordinated examination and advice from a competent lawyer.
I am at your disposal and would like to support you with your concerns and legal issues.
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