Verdict: Ministry of Finance may keep Attac documents secret

Verdict: Ministry of Finance may keep Attac documents secret

For ten years, the anti-globalization network Attac has been campaigning against the deprivation of its non-profit status. Now there is another judgment in this context.

In the dispute over the deprivation of the non-profit status of the anti-globalization network Attac ten years ago, the Federal Ministry of Finance is allowed to keep certain documents secret. This was decided by the Berlin-Brandenburg Higher Administrative Court (OVG), thereby confirming the decision of the lower court in key points (file number OVG 12 B 1/23).

Accordingly, the ministry must make seven documents available to the network that are related to the non-profit status review. With regard to another document, the OVG changed the administrative court’s ruling issued in 2022 and obliged the ministry to re-examine the application and re-apply it. The Attac sponsoring association actually wanted to gain access to a total of 19 documents and invoked the federal Freedom of Information Act.

Type of documents and reasons for exclusion of confidentiality

According to the OVG, the papers in question include committee minutes, documents from meetings of the highest federal and state financial authorities and statements from the highest state financial authorities. In some cases, however, reasons for exclusion justify secrecy, the OVG ruled.

Reasons for exclusion include third-party tax secrecy or the confidentiality of meetings of the highest federal and state financial authorities. Other documents should not be disclosed because they are not included in the plaintiff’s request for information. The OVG did not allow an appeal to the Federal Administrative Court.

In 2014, the tax office in Frankfurt/Main revoked the non-profit status of the Attac sponsoring association because the network was too political. This means that members and supporters can no longer deduct their contributions and donations from their taxes. The network itself has to pay taxes that do not apply to non-profit organizations. Since then, it has been taking action against the tax office’s decision at various levels and would also like to gain more detailed insight into how it came about.

Source: Stern

Leave a Reply

Your email address will not be published. Required fields are marked *

Latest Posts