No need to go through the municipality: The Constitutional Court clarified that an appeal against a negative decision in a freedom of information case can be lodged directly with the administrative court. An internal municipal appeal process is not required.
Since the Freedom of Information Act came into force, citizens have been able to request information from government agencies. In several cases, applicants requested information from municipalities regarding, among other things, electricity costs, expert opinions, contracts for work and services, and public procurement procedures. The mayors rejected the requests in each case by official notice. The applicants then filed appeals with the regional administrative courts. This raised the question of whether the generally applicable internal appeal process within the municipality, as stipulated in Article 118, Paragraph 4 of the Austrian Federal Constitutional Law (B-VG), must first be exhausted.
The Constitutional Court rejected this argument. According to Section 11 Paragraph 2 of the Freedom of Information Act (IFG), internal municipal appeals are excluded in freedom of information matters. Therefore, an appeal against the decision of the municipal body obligated to provide information can be lodged directly with the Administrative Court. There are also no constitutional objections to this regulation. The legislature was entitled to attach particular importance to the goal of rapid and efficient access to information and therefore to deviate from the generally prescribed appeals process.
The decision provides clarity for municipalities and those seeking information: A rejection of a Freedom of Information Act (FOIA) request does not first need to be challenged within the municipality. Anyone who disagrees with such a decision can appeal directly to the competent administrative court.
VfGH 24.06.2026, G43/2026 et al.