In its decision of October 4, 2024 (06 HG.2023.143), the Austrian Supreme Court clarified that former foundation board members who exercised their functions until the foundation was dissolved have party status in proceedings for the appointment of a guardian pursuant to Section 141 of the Austrian Civil Code (PGR).

In the specific case, a guardian was appointed to allow a beneficiary to inspect the documents of a dissolved foundation. The former foundation board members were not initially involved in the proceedings and subsequently lodged an appeal.

Key statements of the Supreme Court

Affected: The mere possibility that claims of liability could be prepared as a result of the inspection justifies the former foundation board members being significantly affected.

Party status required: This affectation makes it necessary to involve them in the proceedings – also to safeguard their right to a fair hearing and to clarify the facts of the case.

Change in case law confirmed: The Supreme Court follows the line taken by the Constitutional Court (in particular Constitutional Court 2016/084 and 2022/038), according to which former organs are granted party status in order to compensate for control deficits.

Impact: The decision strengthens the procedural rights of former foundation bodies and underscores their importance for proper judicial decision-making, especially in sensitive inspection proceedings following the dissolution of a foundation.