Fundamental rights section 3. Fundamental rights section 3.1. Fundamental constitutional requirements of the Federal Constitution 3.1.1. Revocation of a permit pursuant to the Aviation Act Mr. N.N.’s airport identity card was revoked by the civil airport operator on the basis of a background check by the Federal Ministry of the Interior prescribed by law. He turned to the Ombudsman Board after his application for access to the files was rejected by the competent Federal Ministry as inadmissible. According to the Aviation Act, the Federal Ministry of Transport, Innovation and Technology can inform the operators of civil airports if there are concerns regarding a person checked by the security authorities. In this case, the operator of the civil airport may not issue an airport identity card to the person concerned and must revoke an airport identity card already issued. The Ombudsman Board has already stated in 2006 that this “information” by the Ministry must be considered an official notification. § 134 of the Aviation Act must therefore be interpreted in conformity with the Constitution so that the person affected by this measure must be granted legal standing and also has a right that this information is served. The Republic of Austria was sentenced with legal effect in government liability proceedings instituted by the complainant. The appeal sought by the Republic of Austria, was not granted by a decision of the Supreme Court. The Supreme Court shared the legal opinion of the Ombudsman Board in the matter. The completely general assertion of a “protection of sources and findings” without a concrete legal codification does not release the Republic of Austria from its obligations of assertion and proof in government liability proceedings. The Supreme Court further notes: “It can and must not be in keeping with the law that a legal entity only pleads the necessity of secrecy in a completely abstract form. If it does so, however, it must bear the disadvantage of a rule of the burden of proof that turns out to its detriment.” Following the Ombudsman Board’s actions, the State Secretary in the Federal Ministry of Transport, Innovation, and Technology established a working group that is to seek ways to find a solution that takes all interests affected into due consideration. 32nd Report of the Austrian Ombudsman Board to the National Council and the Federal Council 2008 17