Do – to put it simply – Corona emergency aid previously received have to be repaid under certain conditions? Yes, the Ansbach administrative court has now decided and rejected an initial lawsuit against it. Those involved in the SZ confirmed that a written statement of reasons for the judgment had now been delivered.
The Corona emergency aid in spring 2020 was originally intended to cushion losses caused by the pandemic. But entrepreneurs soon complained about inaccurate requirements – and were surprised again in autumn 2022 when they had to prove that they had legitimately received the money. Such proof is certainly common practice in aid programs. But that wasn’t communicated that way, it was said again and again.
As a result, several lawsuits against the repayment were filed in Bavarian courts. The medium-sized business association BVMW publicly supported this. A statement from the association explaining the verdict states, among other things, that the verdict from Ansbach is “sobering for entrepreneurs”. Accordingly, the court was of the opinion that the administrative practice in processing the aid was “uniform from the start”. Subsequent corrections to the auxiliary provisions are a clarification, “but not a change to the regulation”.
This is not the end of the legal struggle over Corona emergency aid: the law firm that represents the plaintiff company is seeking permission to appeal. If this is approved, the Bavarian Administrative Court would have to decide. The medium-sized business association would welcome this, also in order to create legal certainty for future aid programs. He also calls for the appointment of a promised hardship commission. In addition, proceedings regarding the aid are pending in other courts.