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Case Law
Legal persons governed by private law have a private life
Publié le null - Directorate for Legal and Administrative Information (Prime Minister)
Legal persons governed by private law enjoy a private life in the same way as natural persons. That is what the Conseil d’État stated in a judgment delivered on 7 October 2022.
One association asked the prefect to provide annual accounts of a company foundation. The prefect refused, citing an invasion of the privacy of the legal person concerned. The association referred the matter to the administrative judge.
The administrative court rejected the association’s application on the grounds that the legal person had not received a public subsidy, so its accounts could not be disclosed to third parties in order to preserve its privacy. As regards company foundations, only the receipt of a public grant could have made it possible to submit accounts. The association appealed to the Conseil d’État.
The Conseil d’État dismissed the association’s appeal.
The judgment holds that the protection of the private life of a legal person governed by private law does not permit the disclosure of documents relating to its internal operation and financial situation. As a result, the association could not be provided with the accounts of a company foundation.