It was the largest and most expensive return campaign of all time: In March 2020, the world was still completely unprepared when the corona pandemic spread.

Many countries imposed curfews, closed their borders and closed the airports.

International air traffic came to a standstill.

In this situation, the federal government at the time decided to bring back tens of thousands of holidaymakers stranded abroad and chartered aircraft for this rescue operation.

The Federal Foreign Office organized a total of 270 flights at the time.

Cost point: 95 million euros for a total of 67,000 travelers - mathematically that is an average of more than 1,400 euros for each.

Corinna Budras

Business correspondent in Berlin.

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The state did not want to load this proud sum on the taxpayer alone and therefore demanded “a flat-rate reimbursement of expenses” from early returnees for quick help, which was below the actual costs: 1000 euros for New Zealand, 600 euros for Mexico.

However, he has not earned gratitude from all travelers: around 150 plaintiffs took their decisions on costs to the Berlin administrative court.

Unaffordable costs 

The first oral hearing took place on Friday and revealed the line of reasoning of the frugal vacationers: They consider the legal basis in the Consular Act to be inapplicable in their cases and the participation in the costs as unreasonable. The corona lockdown caused them considerable costs that they had not yet been reimbursed. The additional reimbursement demands of the state are therefore not acceptable for them - at least in full. The flat-rate expenses were also inadequate, although they were below the actual costs. The return flights that have already been booked were much cheaper.

But the Berlin administrative court has now suddenly destroyed the hope of a free return service in the face of a global pandemic.

The state may reclaim part of the costs, the chamber ruled on Friday in its first decisions on the matter (file number: VG 34 K 33.21 and VG 34 K 313.21).

The notices issued on the basis of the Consular Act were rightly issued because the corona pandemic was a disaster.

The repatriation organized by the defendant by means of chartered aircraft was therefore necessary to provide assistance to the German nationals who were stuck abroad.

No comparison offers necessary

The court also did not object to the lump-sum payment. The argument of making the recovery as simple as possible made sense to the judges immediately; in an emergency, even the otherwise bureaucratic German state can for once forego some formalities. They also had nothing to complain about the amount, in any case the state was not obliged to obtain comparative offers for the charter costs. In addition, it may have played a role that the Foreign Office carried out the “repatriation flights” on a voluntary basis and, with wise foresight, had this confirmed by express declarations of consent.

With these rulings, the Chamber has already pointed the way, as it will probably also decide in the other pending proceedings.

The last word has not yet been spoken: the appeal to the Higher Administrative Court is still possible.