Heuking saves fire department in Schleswig-Holstein from claims for the recovery of funding

Last Friday (September 30, 2022), Schleswig-Holstein Higher Administrative Court published the grounds for its judgement in a legal dispute that had kept Schleswig-Holstein municipalities in suspense for many years. The legal dispute referred to a notice for the recovery of funds against the small municipality of Hasenkrug, which is located north of Hamburg.

In 2008, the municipality had ordered a new fire engine and received grants from the district for the acquisition. Four years later, the district reclaimed the funding amount of just under EUR 50,000, and an additional EUR 10,000 in interest, because it believed there had been errors in the award procedure. The municipality subsequently took legal action, lost in the first instance and now, 14 years later, prevailed before the Higher Administrative Court.

The judgement (AZ 5 LB 9/20), designated by the Higher Administrative Court as a “leading decision,” not only resolves complicated legal issues relating to the recovery of grants but may also lead to progress in similar cases since the district had put numerous other grant reviews on hold in the meantime.

A team led by Dr. Martin Schellenberg, Partner at the Hamburg office, represented the municipality of Hasenkrug in both instances.

Counsel to the municipality of Hasenkrug
Heuking Kühn Lüer Wojtek:
Dr. Martin Schellenberg (Lead, Public Law), Hamburg
Moritz Ahlers,
Jonas Böhme (both Public Law), both Hamburg