Grant law
The where-used list check
When verifying the use of funds, the funding provider evaluates the entire award procedure retrospectively. Errors that went unnoticed during the procedure can lead to a reclaim. We support you in preparing the documents and guide you through the review process.
Time factor
Years later
The in-depth review of the award procedure can only take place long after the project has been completed
Audit scope
More than public procurement law
Efficiency, economy, documentation requirements and all principles of grant law
What we do for you
Check and complete the award file
We review your award file before submitting the proof of use and identify gaps or documentation deficiencies that could become a problem during the audit.
Monitoring the verification of use
We represent you vis-à-vis the licensing authority and its inspection body — from the initial inquiry to the final decision.
Immediate advice in the event of payment problems
If the licensing authority signals problems as early as the payment stage, quick action is crucial. We will advise you immediately and avoid any disadvantageous statements.
Disbursement audit and audit of proof of use
Grantors and their review agencies often conduct an audit at the time of grant disbursement. The subject of the audit is whether the funding requirements as set out in the notification or funding agreement have been observed — this may include whether the supply and service contracts on the basis of which payments are to be made have been properly awarded. The funding provider is obliged not to disburse funding in the first place if it can already determine during an initial check that the ancillary provisions of the funding decision have been breached. If you encounter problems here, you should contact a specialized law firm immediately. Avoid detrimental submissions and missed deadlines and seek external advice as soon as possible.
In-depth review of the award procedure — often years later
An in-depth review of the award procedure, which is primarily carried out on the basis of the award file, is usually only carried out during the audit of the proof of use — and this may not be carried out until years after the project has been completed. The granting authority or its review body looks in detail at whether the funding recipient has complied with all funding requirements. One key aspect is compliance with the provisions of public procurement law, which was included as a condition in the grant award notice. Errors that went unnoticed in the procedure itself become apparent here — and can lead to pro rata reductions or complete revocation of the funding.
If you are not sure whether your award file is complete and correctly documented, contact our specialist lawyers for public procurement law before submitting the proof of use. An early check is far less costly than defending against a reclaim request at a later date.
Not only procurement law
The audit of where-used lists does not only examine procurement law. It is also about the economic efficiency and thriftiness of the use of funds as well as compliance with other principles of grant law — such as the ban on starting measures prematurely. All expenditure must be fully substantiated in terms of reason and amount. You should leave nothing to chance here. Have your proof of use fully checked by a specialized law firm before submitting it. It’s worth it.
Typical procedure
- Review award file and supporting documents before submission
- Identify and close documentation gaps
- Submit proof of use
- Accompany audit requests from the approval authority
- Defending against complaints — up to the objection procedure if necessary
Frequently asked questions about procedural support
General initial orientation — no substitute for legal advice in individual cases.
How long after the project has been completed can a where-used list still be checked?
This depends on the funding provider and the ancillary provisions of the funding decision. In practice, the in-depth audit can take place several years after completion of the funded project. Retention obligations for award files and receipts therefore often extend over a considerable period of time. How long you are obliged to retain documents in your specific case can only be assessed on a case-by-case basis. We will be happy to help you with this.
What happens if the granting authority already signals problems with the payment?
This is a serious signal that requires swift action. The granting authority can refuse to pay out or reclaim funds that have already been paid out if it finds that ancillary provisions have been breached. Adverse statements without legal advice should be avoided. We will be happy to help you
Can I rectify my proof of use if the inspection body finds deficiencies?
In some cases, rectification or supplementation is possible, in others no longer. This depends on the stage of the inspection procedure, the nature of the defects and the conduct of the inspection body. The earlier you seek legal assistance, the greater the scope for action. We will be happy to help you.
Note: No legal advice. All answers do not replace an individual examination by a lawyer.
Immediate initial consultation
for new clients
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Our locations
- LeipzigLessingstraße 2, 04109 Leipzig
- Ganghoferstr. 68a, 80339 MunichLearn more
- MagdeburgHegelstrasse 39, 39104 Magdeburg
- FrankfurtKaiserhofstr. 16, 60313 Frankfurt am Main
- BerlinPariser Platz 6 A, 10117 Berlin
