Facts
The appellant [X.] filed an administrative court appeal against a decision to enter into the mutual legal assistance request of the German Public Prosecutor's Office in Freiburg i.Br., which approved the participation of German customs investigation officers in the mutual legal assistance measures. The search of the appellant's business premises and residence was carried out with the participation of a German official. The appellant requested that the participation of German officials in the mutual legal assistance measures be prohibited and that the information obtained by them not be used.Considerations
The Federal Court entered into the appeal insofar as the revocation of the general approval for the participation of German officials in the mutual legal assistance measures was requested. It justified this by stating that the mere presence of foreign officials at a mutual legal assistance act does not usually result in an irreparable disadvantage, but such a risk is to be affirmed if there is a risk that the foreign authorities will be given access to facts from the confidential sphere through the participation of their officials before a decision has been made on the granting or scope of the mutual legal assistance.
In the present case, a German customs investigation officer participated in the search and decided in cases of doubt whether a document had to be seized. There was a risk that the German official would become prematurely aware of facts from the confidential…