For the time being, the State is not required to provide catering establishments with additional subsidies for their fixed costs any time soon. The preliminary relief judge in The Hague decided this on Friday. According to the court, the case belongs to the administrative judge and that is why the preliminary relief judge has not dealt with the substance of the case.
The case revolves around the payment of part of the allowance for fixed costs (TVL). Catering companies are entitled to this, because they have been closed for quite some time due to the lockdown. The scheme was expanded in December, so that companies that suffer extra loss of turnover also receive extra support.
Earlier this year, however, it became clear that this additional support is taking longer than expected. Catering entrepreneurs received a letter stating that this money might not be deposited into the account until four months later. This caused great irritation at the relevant catering companies and also at the trade association KHN, which went to court.
According to the association, catering businesses have made payment agreements with creditors and calculated that they would quickly receive the extra TVL money. Now that this has taken longer, the entrepreneurs have even more trouble paying the bills. Fast payment is therefore necessary according to KHN.
However, that is not possible for the time being, because the court declared KHN inadmissible. “Koninklijke Horeca Nederland does not stand up for their own interest, but for a collective interest, which consists of the bundling of individual interests of catering entrepreneurs. For the protection of those individual interests, the entrepreneurs can go to the administrative court and therefore not to the civil court. . ”
The judge says he understands that the decision is disappointing for the catering entrepreneurs. “They are already struggling with major setbacks at this time. However bitter that may be, the fixed division of tasks between the administrative judge and the civil judge cannot be thwarted in this case either.”
Source site www.nu.nl