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Subsidies - award violations must be considered in a differentiated manner
Despite some serious violations of public procurement law, the 5th Senate of the Schleswig-Holstein Higher Administrative Court declared the recovery of a grant to be unlawful. Reclaims must be proportionate and a so-called "intended discretion" must also be exercised without error.
A municipality in Schleswig-Holstein procured a fire engine together with several other municipalities. The fire-fighting vehicle (LF 10/6) is purchased through a restricted tender at the end of May 2008. The subsidies are paid out by January 2011. In November 2012, the district's accounting and municipal auditing office (GPA) criticises various procurement errors. After various discussions and statements, the GPA revokes the notice of approval in mid-September 2015 and reclaims the allocation plus interest of over EUR 10,000.
More information on the legal assessment and a corresponding practical tip can be found in the new article by René Kieselmann and Dr Mathias Pajunk.