152 ANNUAL REPORT 2014 It appears from section 14 of the Metro Companies Act that the Access to Public Administration Files Act, the Public Administration Act and the Ombudsman Act apply to ‘Metroselskabet I/S’ which is not considered an administrative authority. However, upon a closer examination of the legislative history of the Metro Companies Act, the Ombudsman found that section 14 was aimed at enabling the Ombudsman to process complaints about the specific part of ‘Metroselskabet I/S’ activities which concerns decisions in opposition to the part of the company which is considered commercial. In continuation of the above, the Ombudsman found that the decision made by ‘Metroselskabet I/S’ could not be considered a decision within the meaning of the Public Administration Act, but should be considered a decision reached on the basis of contracts entered between the parties involved, that is to say that this case was considered a dispute according to civil law. Disputes according to civil law are not within the Ombudsman’s field of competence. Consequently, the Ombudsman referred the lawyer to the courts of law for a resolution of the dispute. W. INSTITUTIONS ETC. OUTSIDE THE OMBUDSMAN’S JURISDICTION 2014-35. FOUNDATION NOT WITHIN THE SCOPE OF THE ACCESS TO PUBLIC ADMINISTRATION FILES ACT A journalist complained to the Ombudsman because a foundation had refused his request for access to minutes from the foundation’s meetings on the grounds that the foundation had been created on a private law basis and was therefore not subject to the Access to Public Administration Files Act. The Ombudsman stated that in his opinion, the foundation was not subject to section 3(1)(ii) of the Act. Though the Ombudsman found that there could be some doubt regarding the question of whether or not the foundation could be said to carry out public activities of a more comprehensive nature, the Ombudsman did, however, agree with the foundation that it was not in any event subject to intensive public regulation, supervision or control. Thus, the Access to Public Administration Files Act – including its rules on access to files ‒ did not apply to the activities of the foundation and, likewise, the foundation was not within the Ombudsman’s jurisdiction.

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