ROSTOCK (dpa-AFX) – The Higher Regional Court of Rostock has obliged the controversial Climate Foundation MV to provide information to the transparency platform “Ask the State”. The court in Rostock announced on Tuesday that the foundation is obliged on the basis of the state press law to provide the press with information. This confirmed a decision by the district court in Schwerin, which had issued an injunction to answer questions. There is no appeal against the decision, but a court spokesman indicated that the parties to the dispute are free to file a main action.
In the reasoning behind the judgement, the Higher Regional Court found that the climate foundation set up by the state, which was largely financed by the pipeline operator Nord Stream 2, is to be treated as an authority under press law. You take public tasks with public funds. In addition, the state has not only defined the purpose of the foundation, the prime minister also has a direct influence on the foundation by appointing and dismissing foundation bodies.
It was also said that the amendment to the foundation statutes, recently approved by the Ministry of Justice as the foundation supervisory authority, does not change anything in the obligation to provide information. In addition, this cannot be delegated to the state. When the Articles of Association were amended, all references to the Nord Stream 2 company were deleted.
The FDP in the Schwerin state parliament was pleased: “Now it has been legally ruled that the climate protection foundation is to be treated as an authority under press law and must provide information,” said the parliamentary group leader Ren Domke. With a view to the investigative committee in the state parliament for the establishment of the foundation, he is of the opinion that the judgment will have a considerable influence on the determination of possible responsibilities. Domke called on the chairman of the foundation, Erwin Sellering (SPD), to help with the work-up./ssc/DP/mis