Anyone who has not filed a lawsuit against the repayment of NRW Corona emergency aid cannot, in principle, demand that the proceedings be reopened – and must pay the money back. This is what the Higher Administrative Court of NRW has decided.
The Higher Administrative Court (OVG) of North Rhine-Westphalia has decided: Companies that have received a final decision on a (partial)repayment the NRW Corona Emergency Aid 2020 get, but against this no complaint have raised, in principle none Entitlement to Resume of the procedure. So they have to pay the money refund.
The Higher Administrative Court of North Rhine-Westphalia had decided in 2023 that the Final notices Corona emergency aid unlawful However, this ruling does not mean notthat the Final notices with it automatically ineffective and those affected will receive the Corona emergency aid in full keep In keeping with Opposite: The court had granted the state of NRW the opportunity to introduce new correct notices and overpaid amounts to reclaim. The finding that the final decisions were unlawful has only positive affected those who appealed against the repayment notices actually sued had.
All who not against the final decisions sued had, are to repayment of the amounts determined obligatedAs a result, many of those affected have filed a complaint with the district authorities Application for resumption They had hoped that the final decisions would be upheld in view of the illegality lifted and thereby eliminates their obligation to repay.
Applications for retrial rejected
These applications rejected The district government, however, ab. Some affected people have protested against this Rejection of resumption sued. The OVG NRW has now decided that in principle no claim to reopen the proceedings. According to the Higher Administrative Court, the authorities were and are not allowed to interfere with the validity of the Record final decisionsIn the Court’s view, a judicial decision which – as in this case – finds an administrative practice to be unlawful no change the so-called Factual or legal situation in the sense of Administrative Procedure Act NRW However, this would be Requirement for a claim to reopen the proceedings.
Reminder procedures may follow
The reasoning of the OVG: The Dishes recognize and speak right, change but it notIn principle, those affected are only entitled to flawless exercise of discretion and only in special exceptional cases a claim to a Resume of the procedure. In the opinion of the judges, such special exceptional cases but not here before.
For affected companies that no complaint against their final decision, this decision of the OVG NRW means that they have to appeal their final decisions not more effective contest Anyone who claims reimbursement from their final decision not yet paid may also need to Song- or Enforcement measures calculate.
Higher Administrative Court of North Rhine-Westphalia, decision of July 11, 2024, ref. 4 A 1764/23
Source: Chamber of Crafts and Trades of Cologne
The advisors in the Chambers of Crafts will be happy to help you with any legal questions!
DHB now also digital!Simply click here and register for the digital German Crafts Journal (DHB)!
Text: Anne Kieserling / handwerksblatt.de
