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Expert opinion hammer: Top lawyers see good opportunities for lawsuits from the trade due to corona aid 

2021-03-11T13:28:24.593Z


Because of the month-long lockdown, numerous retailers have filed lawsuits - so far in vain. But a report by the renowned law firm Noerr sees a new starting point.


Because of the month-long lockdown, numerous retailers have filed lawsuits - so far in vain.

But a report by the renowned law firm Noerr sees a new starting point.

Munich - Legal experts admit possible lawsuits by dealers against the state Corona aid have a good chance of success.

This emerges from a report by the renowned law firm Noerr on behalf of the HDE trade association.

According to this, the lawyers see a violation of the principle of equality from Article 3 of the Basic Law, because restaurants and hotels can receive sales compensation in the course of state corona aid, but retailers cannot.

So far, most retailers such as the Stuttgart fashion house Breuninger had sued for the reopening of their stores - so far without success.

Now a new starting point opens up.

Corona aid: Gastronomy receives sales compensation, retail does not

According to the regulation provided in the December aid, restaurants or pubs will receive up to 75 percent of their revenues from the corresponding period of the previous year for the traditionally high-turnover months of November and December.

The trade, on the other hand, only receives assistance from bridging aid III and receives compensation for existing fixed costs such as rents.

The approach is "unequal treatment of retailers compared to the beneficiaries of extraordinary economic aid, which is not justified," judge the two authors of the report.

Corona aid: Bridging aid III not suitable to save traders

It is true that the state has "greater scope" when it comes to subsidies.

But when proceeding in the corona pandemic, a "strict standard must be applied because the closings represent the most serious encroachments on fundamental rights", which the corona aid was intended to partially compensate.

Bridging Aid III, however, is "not suitable to protect a large number of stationary retailers from the existence-destroying effects of the closings." , is it [called.

Corona help: Trade association feels that its legal opinion has been confirmed

The HDE feels confirmed in its legal opinion.

“The legal opinion underpins our repeated criticism of the unfounded unequal treatment of retail and gastronomy.

We have thus created a sound basis for possible lawsuits from individual trading companies, ”said HDE Managing Director Stefan Genth.

In view of the opinion, the retail association encouraged its members to go to court.

The HDE announced that the members would be on hand to deal with the relevant lawsuits on site.

Source: merkur

All news articles on 2021-03-11

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