Injured according to Greenpeace campaign – right -wing expert recommends withdrawal of non -profit
Spot on News "Completely irresponsible": Lanz guests condemn Greenpeace campaign
Site expert Michael Winter
After the consequent Greenpeace campaign, in which several people have been injured, some politicians are now calling for the association to withdraw the status of non-profitness. But that would give the legal situation even? Michael Winter says: quite.
It was a shock moment at the European Championship game in Munich: A Greenpeace activist flawed the Allianz Arena on behalf of the organization and apparently wanted to throw a yellow ball to demonstrate against the VW group. Whether a lack of flight experience or simply stupidity – he collided with parts of the stadium roof, got into the spin and almost crashed over the stands. At the last moment he managed something like an emergency landing – but he injured two spectators in the head area.Greenpeace took responsibility for the campaign and apologized. In my opinion, however, this is not enough. Why, I want to explain.
Greenpeace is still non -profit with such actions?
Greenpeace has been known for decades to draw attention.Through what happened in Munich, one should now urgently ask yourself whether Greenpeace should not be removed from the status of non -profitness. What is it about?
- Charity requires Section 52 ABS. 1 s.1 AO (Tax Code) the "promotion of the general public" and means, “Selfless to act in the sense of the common good”.
- Non -profit organizations have certain tax benefits – for example, donations to non -profit organizations can be deducted from tax.
- In the sense of tax law and the tax code, for example, the use for consumer, animal and environmental protection is non-profit, as well as the promotion of sport and culture.
- However, this purpose also requires Consideration of the general legal system – The Federal Finance Court Z.B. Clearly and clearly stated in 2018 (BFH 27.9.2018).
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Funding is bound to conditions
A promotion of the general public is part of the principle there, where the purpose and the realization of purposes move outside the constitutional order and deviates from the value system of the Basic Law (BFH 20.3.2017 – X R 13/15, BStBl II 2017).
- The recognition of non -profit nature thus includes a special obligation that concerns all actions of the beneficiary organization.
- Anyone who works on behalf or with the express or tacit approval of the organization must adhere to the limited regulations that exist to protect the rights of third parties.
- Every violation must have an immediate effect for the person involved and for the organization and their framework.
The actor and the Greenpeace organization therefore have to take responsibility for the extremely dangerous “aviation campaign”, which was unauthorized regardless of concrete hazard and injury consequences.
About the expert
Attorney Michael Winter studied Jura in Tubingen and has been working in traffic law since 1989. As a lecturer at the Baden-Wurttemberg University of Applied Sciences, his experience also conveys in the scientific field. The company “WHW Seminar & Service” he founded has been training a four -digit number of road users under the company motto since 2001 through interactive seminars: “Knowledge helps” in the areas of “traffic safety and traffic law”. Since the beginning of the diesel scandals, Winter has also been complaining to several German automobile manufacturers together with its cooperation partners, including Volkswagen.Click here for the site expert world
Visitors enjoy special protection
You don’t forget to do this: Visitors to a sporting event enjoy the protection of the assembly law and can refer to and rely on participating in the event content undisturbed. In this sense, every conscious and targeted disorder intervenes in the personal right of the individual participants.The violation of this protective frame means, that privileges such as the recognition of non -profit nature can be withdrawn if a serious violation of legal regulations can be determined.
Senseless danger, violation of air law
I take the view that this is now without ifs and buts.Here people were completely meaningless and for no reason; At the same time, there was a violation of aviation law (ban on the flight for the Allianz Arena)-this is in blatant contrast to the non-profitness.
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