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However, in the case of sales replacement, experts also wonder if it is possible that it is legally objectionable, so not all entrepreneurs benefit equally and it could result in the so-called overcompensation. Therefore, companies may be able to get more help than they can in normal business.
According to media reports (“Die Presse”, “Der Standard”), the opinions of the lawyers differed mainly on the details. “We don’t see any overcompensation,” said Gernot Blümel (ÖVP) of the APA Finance Ministry. “So far 2020 has been a difficult year for the companies affected. This measure is therefore an important help.”
EU state aid law
The Ministry does not consider it necessary to obtain the approval of the EU Commission for the replacement of the sales in the blockade, while negotiations with the Commission are still ongoing for the fixed cost subsidies. This view is supported by lawyer and university professor Stefan Weber, for example. “The replacement of sales by blocking with a limit of 800,000 euros is within the framework of the state aid requirements of Union law,” says Weber. “Supporting companies that are directly affected by government shutdowns due to the Covid-19 pandemic is a legal goal under state aid law.” Since only quick support helps, the legislator has to legally bridge the tension between precision and administrative effort. “As far as you can see, this has had reasonable success with the existing regulation,” says this expert.
