Scope of political party equal opportunity guarantee regarding state funding of non-party political foundations

The Federal Constitutional Court dismissed a party's application for interim injunctive relief as inadmissible, resulting in the applicant's failure to prevail and leaving the current funding framework intact. The dispute arose in an organizational dispute procedure where a political party challenged the state funding of a political foundation (specifically the Desiderius Erasmus Foundation), seeking a temporary order to mandate payments to this non-party foundation based on its right to equal opportunities under Article 21(1) sentence 1 of the German Basic Law. The court’s decision relied on the procedural doctrine of admissibility for interim measures, specifically finding that the applicant failed to substantiate the necessary showing of urgency; it did not adequately demonstrate that the constitutional guarantee of equal political opportunities extended to compelling payment orders to a third party or that the requested injunction was required to prevent the final defeat of its legal claims through the creation of facts accomplishing themselves.