Tourism and Sport Ministry to Appeal against Ruling on Subsidy for NFS

Bratislava, 27 January (TASR) - The Tourism and Sport Ministry plans to appeal against a first-instance court ruling on a subsidy for the construction of the National Football Stadium (NFS), while the opposing side has welcomed the decision, TASR has learnt from responses to a verdict of Bratislava III Municipal Court, which ruled against the state on Monday (26 January). The decision was issued for one of several legal proceedings triggered by the termination of construction contracts, in particular the payment of a state subsidy worth more than €27 million. In its ruling on Monday, the court dismissed a lawsuit filed by the ministry on the grounds of unjust enrichment by which it sought the return of the paid subsidy, arguing that the contract concluded in 2013 was invalid. "This is a first-instance decision, which is not final, and we'll file an appeal," the ministry told TASR in response to the ruling. Conversely, the decision was welcomed by NFS Company's legal representative Peter Kubina. "The court fully upheld our position and confirmed that the contracts concluded between the investor and the state regarding the NFS project are valid," Kubina told TASR, also confirming that the investor is still interested in an out-of-court settlement. "This would also be in the best interests of the state, if it acts like a responsible manager," added Kubina. It was Sme daily that broke the news regarding the court's ruling on the subsidy on Monday. The subsidy contract with NFS was signed by the Education Ministry in November 2013, and the legal dispute was later taken over by the Tourism and Sport Ministry. The construction of the football stadium on the site of the former Tehelne pole football ground in Bratislava commenced in 2016. The project was carried out by NFS Company, while the state committed itself to purchasing the non-commercial part of the stadium and providing a subsidy of over €27 million. In the summer of 2020, based on legal analyses, the government announced that it wouldn't purchase the stadium and demanded the subsidy back. In turn, NFS claimed a contractual penalty due the state's failure to enter into a purchase agreement, plus damages allegedly caused by the state. jrg/df