Facts
This case involved an appeal by the [X.] Foundation against the seizure of bank accounts in the context of criminal proceedings against an accused person. The Foundation claimed that it was directly affected in its rights by the account freezes and was therefore entitled to appeal.
The Federal Criminal Court had not considered the Foundation's appeal due to lack of standing to appeal. The Foundation then appealed to the Federal Supreme Court.
Considerations
The Federal Supreme Court concluded that in the present case, the old procedural law (BStP/SGG) was applicable, as the disputed seizures occurred before January 1, 2011.
Under the old legal situation, only parties and persons who had suffered an unjustified disadvantage from a ruling were entitled to appeal. However, the Foundation could not demonstrate any direct impact on its own rights. It was neither the holder of the seized accounts nor did…