Appointment of a new president at the Federal Fiscal Court: Administrative Court rejects appeal

At the Bundesfinanzhof (BFH) in Munich, the appointment of a new president has come a step further after almost a year and a half of no leadership.

Munich – A competitor lawsuit against the appeal of the North Rhine-Westphalian ministerial official Hans-Josef Thesling as President has been settled through the usual legal channels: The Bavarian Administrative Court in Munich rejected both the urgent application of an unsuccessful applicant against Thesling’s appeal and the following complaint about the hearing, such as the court announced on request. However, the unsuccessful lawyer still has the option of filing a constitutional complaint in Karlsruhe.

Former BFH President Rudolf Mellinghoff retired in summer 2020. Federal President Frank-Walter Steinmeier had signed Thesling’s certificate of appointment months ago, but it has not yet been given to him because of the competitor lawsuit. Thesling is the former president of the North Rhine-Westphalian Finance Court, a high-ranking official in the Düsseldorf Ministry of Justice, belongs to the CDU and was chosen for the post by the outgoing grand coalition.

There is currently no end to the legal disputes in sight for the position of BFH Vice-President. The Munich Administrative Court had stopped the appeal of the Saarland Finance Court President Anke Morsch as Vice President and granted the urgent applications of three unsuccessful applicants, but rejected another urgent application. According to the Bavarian Administrative Court, the federal government has now lodged complaints in three cases, and the rejected applicant in the fourth. Morsch is a member of the SPD and is a former State Secretary for Justice in Saarland.

The presidents of the federal courts, the German Association of Judges and the Judges’ Association at the Federal Fiscal Court had sharply criticized the procedure for the replacement of the BFH presidium. They were concerned with the question of whether the ministry would raise politically acceptable candidates for leadership positions who did not technically meet the requirements. The Federal Fiscal Court, based in Munich, is the supreme court for tax and customs matters. Alongside the Federal Court of Justice, the Federal Administrative Court, the Federal Labor Court and the Federal Social Court, it is one of the five highest courts in Germany. (dpa)

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