Vienna. There is great uncertainty among companies when it comes to the omission or reduction of rent, as well as the obligation to reduce damage in connection with the fixed cost subsidy. That was one of the results of the member survey carried out by the Vienna Chamber of Commerce in January. Above all, the legal consequences of misuse of subsidies are unclear to many, warn the Gastronomy Club Vienna and the Club of Coffee House Owners in a broadcast.
If operators make use of the fixed cost allowance I or the fixed cost allowance II 800,000, they are obliged to “reduce the damage”. If a rental property cannot be used or can only be used to a limited extent due to the pandemic or due to official orders, you must therefore claim the lessor for rent or lease interest or a reduction in interest. Disputed payments that are nevertheless made at the request of the landlord may only be made “with reservation”.
Legal consequences
Experience has shown that Cofag also checks this, the two clubs report and warn: “An intentional violation of these funding requirements leads to Cofag's claim for repayment and is also threatened with criminal consequences (funding fraud).” If you agree with the landlord, for example to share the subsidy attributable to the rent indicates that this is intentional.
“It is important that we clearly communicate the legal situation – and also the funding guidelines of the Covid ordinances – to the industry,” said Erwin Scheiflinger, chairman of the Vienna Gastronomy Club. Postscript: “Some things are very diffuse.”
