If a public authority charges only the minimum fee, it is not required to give reasons for doing so. This is clear from a ruling by the Higher Administrative Court (OVG) in Münster (Case No. 9 A 796/26 of 23 July 2026).

In the present case, the claimant had requested information from the Ministry of Justice in North Rhine-Westphalia under the Freedom of Information Act (IFG) regarding the costs of print media. The Ministry set an administrative fee of 10 euros for the information, although the fee scale for information under the IFG ranges from 10 to 500 euros. He brought an action against the fee notice, citing errors of discretion. The Gelsenkirchen Administrative Court ruled in his favour: the authority had not demonstrably exercised its discretion (Ref.: 9 A 796/26 of 15 July 2026). The Higher Administrative Court of Münster, however, took a different view: if an authority sets the minimum fee, it is not required to exercise its discretion or to justify its decision.