The Corona emergency aid for the Düsseldorf Fortuna was discussed before the Düsseldorf Administrative Court on Wednesday. The reason: the second division soccer team had filed a lawsuit against the Düsseldorf district government.
The reason: the authorities are demanding that the club repay the emergency aid granted three years ago amounting to 1.7 million euros.
Slump in sales due to the pandemic or not?
The Düsseldorf district government is demanding the money back because it believes that Fortuna’s sales fell by over 30 percent in the 2020/21 season not only because of the pandemic, but also because of relegation from the first league. “The decline in sales must be solely due to the pandemic,” emphasized the lawyer for the sued authority.
Other clubs don’t have to pay anything back
The second division soccer team believes the repayment is unjustified and points out that no other club, including relegated clubs such as Schalke or Paderborn, has been asked to repay the aid they received.
Other district governments such as Detmold and Münster have waived the demand for reimbursement of the Corona aid granted from the clubs in their region.
The crux of the matter is different treatment
The authorities’ different approach to Corona aid is the sticking point in the process. The Düsseldorf administrative law judge sees this as an inadmissible violation of the legally prescribed uniform administrative practice and thus the prohibition of arbitrariness.
“Before the trial, I asked the district governments in the country about their respective administrative practices in dealing with Corona aid,” said the judge. This upset the authority’s lawyer because the parties to the lawsuit had not been informed about it. He also doubts whether the judicial inquiry was even permissible.
Decision postponed
Other clubs have also been eagerly awaiting the outcome of the current legal dispute. Because if Fortuna fails in all instances, they could also face high demands for repayment. But it’s not that far yet. The current proceedings were adjourned today without a decision. According to the judge, there is still a need for clarification on another point of complaint – it concerns the approval notice for further Corona aid in the amount of 200,000 euros.
Even with success, there is no end in sight
And if Fortuna wins before the administrative court, the sued authority will probably appeal to the Higher Administrative Court in Münster. Their lawyer already indicated this in the hearing.
