Stuttgart. What had already become apparent in the oral hearing on Wednesday last week was confirmed two days later by the Stuttgart Administrative Court: The 17th Chamber of the Court overturned the revocation and reimbursement notices from the L-Bank Baden-Württemberg in both cases, as well as its rejection of the objections of both plaintiffs. The hairdresser from Heidenheim and the inn from Lauchheim are thus allowed to keep the full amount of the emergency aid paid by the state. The L-Bank had demanded two thirds of the amount back from the hairdresser, and the entire amount of 15 euros from the inn.
Stuttgart judges allow appeals
However, the ruling is not yet legally binding. The administrative court has allowed an appeal. In the oral hearing, presiding judge Ulrike Göppl indicated that the chamber could also make a final decision on both cases, even though they are model cases. It can be assumed that the L-Bank will appeal, as there are around 1,400 lawsuits pending in the state against the repayment notices. A decision by the Administrative Court of Baden-Württemberg or even the Federal Administrative Court, if it feels responsible for the state regulation on emergency corona aid, is therefore of fundamental importance.
In July, the Freiburg Administrative Court had already ruled in favor of the companies and declared the demand for repayment of the emergency aid to be unlawful. Since the written reasons for the judgment by the Freiburg judges have not yet been published, there is still no official statement as to whether the cases will be appealed.
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