Being tempted
Just in time before the Pentecost weekend a new wave of relaxation comes down on Austria. The second amendment to the COVID-19 Relaxation Ordinance opens up hotels, museums, cultural and leisure facilities. Even events with up to 100 persons are allowed again. Surprisingly, the cinemas are also included: Cineast's luck is hard to believe and they open euphorically. How nice that there is a constitutional principle requiring equals to be treated equally. So, if seated cultural events and congresses are allowed to take place, film screenings in a velvet chair should not have to wait until the end of June. Theatre seats are (although without popcorn) as comfortable as those of cinemas (with corn). And the risk of infection is not blown away by musical accompaniment either.
In the meantime, the crane of the aviation industry (Lufthansa) wonders whether to accept the tempting offer of the German state. It suspects another Trojan horse called the European Commission. State aid approval only in exchange for the surrender of take-off and landing rights at German hubs? In the wake of the financial crisis, this was called market regulation qua state aid policy.
Meanwhile, Brussels has given green light to domestic fixed cost subsidies. To rule out "over-compensation", the state had to install an ex post control mechanism. This is used to check whether the actual damage corresponds to the subsidy received. If necessary, the state must reclaim any over-compensation from the entrepreneur – EU state aid law can be that harsh. Others would praise the protection against distortion of competition. But there are different opinions. The same holds true in regard to the state budget in times when budgeting got difficult.
If we want to talk about figures: The EU Commission wants to incur debt to give subsidies and loans of up to EUR 750 billion to particularly hard-hit COVID-19 countries, this with the prospect of introducing EU taxes. Next Generation is the name of the game (... are we already lost?). The relation of credits to grants is still unclear. There is a need - let's call it Nordic reservation - for a smoothing between the "savoir-vivre" German-French and the frugal four. The day of the opening of the borders towards the Mediterranean is also uncertain. In the end it will be alright - Viva la vita!
The lawyers at Binder Grösswang have now returned - at least for the most part - to their offices and share relevant information on our website and on social media.
Please note: This blog merely provides general information and does not constitute legal advice of any kind from Binder Grösswang Rechtsanwälte GmbH. The blog cannot replace individual legal consultation. Binder Grösswang Rechtsanwälte GmbH assumes no liability whatsoever for the content and correctness of the blog.