Questione giuridica chiave
Whether the subsidiary constitutional complaint was admissible or had to be treated as a public law appeal
Decisione estratta
The filing had to be treated as a public law appeal; the subsidiary constitutional complaint was excluded because the remedy in public law was available for subsidy repayment disputes.
Motivazione estratta
Restitution of already granted subsidies is not a decision on entitlement to a subsidy in the narrow sense and is, in principle, open to public law appeal; misdesignation does not harm the appellant if the proper remedy’s conditions are met.