NRW emergency aid 2020: Claims for repayment are not time-barred

Repayment claims for NRW emergency aid 2020: The limitation period for the repayment claim only begins with the final decision. The plaintiff stated that he only learned of the repayment obligation through the reminder notice.

Recipients of "NRW Emergency Aid 2020"Those whose grant was determined by a final decision and who are required to repay part of it cannot rely on the Statute of limitations for the claim for reimbursement appointed. That has the Cologne Administrative Court The court has ruled. It has thus dismissed a lawsuit filed by a recipient of emergency aid against the state of North Rhine-Westphalia.

The Ministry of Economics NRW The plaintiff had been provisionally granted emergency aid of €9.000 in 2020. Later, he had to reconsider his application in the feedback procedure. actual liquidity shortage He stated this. The state subsequently concluded that he had to repay 7.000 euros. It sent the [document/document] in December 2021. Final decision via email.

The plaintiff says he has the I never received the email with the final decision back then.He only learned of it later through a reminder and by reviewing the files. Therefore, the claim for reimbursement is now time-barred.

The claim can only be enforced by the state once the final decision has been issued.

The court disagreed and dismissed the lawsuit. Its reasoning: For the purposes of the statute of limitations, it is irrelevant whether the final decision was issued in December 2021 or only at a later date during the review of the files.

The official authority to issue a final decision is not subject to any statute of limitations. The limitation period for the repayment claim only begins with the issuance of the final decision. Only then is the claim enforceable for the state.

The plaintiff can file an application for leave to appeal against the judgment. Then the Higher Administrative Court of North Rhine-Westphalia in Münster decide whether to review the case on appeal.

Source: Cologne Administrative Court

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