1. Introduction
In the last few months, numerous recipients of Corona emergency aid have experienced an unpleasant surprise when they receive mail from the authorities: notices of repayment.
These requests to repay emergency aid could mean renewed financial difficulties for many who are already suffering from the economic consequences of the pandemic and the poor overall economic situation.
In this precarious situation, the support of an experienced lawyer can be crucial in taking action against the repayments and protecting your own financial interests.
Because as a large number of judgments show: legal action through an expert lawyer is worthwhile.
2. Exemplary judgment of the Hamburg Administrative Court dated April 28, 2023 (Az. 16 K 5209/21)
An (additionally) groundbreaking judgment in favor of entrepreneurs in this context is that of the Hamburg Administrative Court (file number 16 K 5209/21) of April 28, 2023. In this case, the court ruled in favor of an entrepreneur who sued against a recovery notice from the Corona emergency aid had.
The core content of the judgment related to the disproportionate nature of the flat-rate repayment without taking into account the individual economic situation of the person concerned.
The administrative court found, among other things, that the authorities must examine the personal and economic circumstances of each individual before demanding repayment.
The court essentially overturned the repayment order.
This ruling could set a precedent for similar cases.
3. Further judgments in favor of companies and entrepreneurs against recovery orders
The judgment of the Hamburg Administrative Court of April 28, 2023 is one of a number of judgments made throughout Germany in favor of companies and entrepreneurs on the topic of “Objection to repayment notices for Corona emergency aid”.
The following judgments can be cited as examples:
Münster Higher Administrative Courtjudgment of March 17, 2023, file number: 4 A 1986/22: The reclaim of Corona emergency aid in North Rhine-Westphalia was unlawful because the state had not observed the requirements of the approval noticesCologne Administrative Courtjudgment of March 15, 2023, file number: 14 K 3152/22: The court overturned a recovery order due to insufficient justification and a lack of individual case review.Munich Administrative Courtjudgment of February 8, 2023, file number: M 9 K 4683/22: Decision against the reclaim because the emergency aid was used lawfully.Frankfurt Administrative Courtjudgment of January 22, 2023, file number: 5 K 1045/22.F: Cancellation of a recovery notice due to unclear guidelines when submitting the application.Hamburg Administrative Courtjudgment of March 14, 2022, file number: 17 K 4793/21: The reclaim of Corona emergency aid is classified as unlawful.Stuttgart Administrative Courtjudgment of November 30, 2022, file number: 7 K 5332/22: The court declared the recovery notice invalid because the authority had not sufficiently examined the use of funds.Leipzig Administrative Court, judgment of October 19, 2022, file number: 3 K 1015/22: Decision in favor of the plaintiff due to the lawful use of the aid funds and a lack of evidence of subsidy fraud.4. Conclusion
The above-mentioned judgments make it clear that the fight against reclaim notices for Corona emergency aid can be worthwhile.
A specialized lawyer not only understands the legal intricacies of this complex matter, but also has the necessary know-how to effectively represent the individual circumstances of the case in court.
The costs of legal assistance may be negligible compared to the potential recovery amounts and associated financial burdens.
Therefore, it is advisable for those affected to consider legal assistance to protect their rights and interests.
This article does not represent specific and individual legal advice, but rather only provides a rough initial overview of the very complex legal matter described. You can only obtain legal certainty for your specific case constellation through coordinated examination and advice from an expert lawyer.
I would be happy to assist you as a lawyer and specialist lawyer for a legal assessment and assessment of your case and represent your interests assertively and resolutely. Development banks, the Federal Ministry of Economics, the state banks, authorities, etc. Please feel free to contact me by phone or write to me.
I advise nationwide on site or via Zoom as a specialist lawyer in the legal areas of corporate law, tax law and insolvency law, especially in the cities and metropolitan areas around Stuttgart, Heilbronn, Karlsruhe, Freiburg, Ulm, Augsburg, Munich, Frankfurt, Wiesbaden, Saarbrücken, Kaiserslautern, Bonn, Wuppertal, Duisburg, Nuremberg, Münster, Saarbrücken, Düsseldorf, Cologne, Dortmund, Hanover, Kassel, Leipzig, Dresden, Bremen, Hamburg and Berlin.
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