If a property belongs to a third party and is used to promote the unconstitutional activities of an association, it can only be seized and confiscated if it can be proven that the third party acted with intent. In particular, the third party must have the intention of supporting the association's prohibited activities by transferring its property to the association. This was recently decided by the Federal Administrative Court (BVerwG 6 C 5.21).
The case focused on a plaintiff whose property was confiscated by the Bavarian State Ministry of the Interior, Building and Transport when an association was banned and confiscated in favor of the Free State of Bavaria. The plaintiff objected to this measure. She was of the opinion that she had handed over the property without knowledge of the association status and the unconstitutional intentions of the "Free Network South".
The Federal Administrative Court also came to the conclusion that the plaintiff lacked this knowledge and therefore rejected the appeal by the Free State of Bavaria. If it had acted intentionally, it would have known about the prohibited activities of the association and would nevertheless have given the property to the members. As this was not the case, the Federal Administrative Court ruled in favor of the plaintiff.
Source: bverwg.de/AZ: BVerwG 6 C 5.21
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