Recurrent: CSP Iberian Valencia Terminal S.A.U.

Recurred resolution: R/0432/2023

In exercise of its right of access to public information, a request was submitted to the Port Authority of Valencia, of the Ministry of Transport, Mobility and Urban Agenda, for access to the exploitation contract, along with its particular requirements, of the concession held by CSP Iberian Valencia Terminal S.A.U. in the port of Valencia.

The Port Authority of Valencia gave a hearing to the interested company, which opposed access by invoking the abusive nature of the request and the prejudice to its economic and commercial interests. After examining these claims of the commercial company, the Port Authority issued a resolution partially granting access to information to the exclusion of personal data and that party that affects the economic and commercial interests of the company.

The company affected by the access granted filed a complaint with this Council requesting that the decision of the Port Authority be rescinded, since the request is of an abusive nature, in accordance with article 18.1.e) LTAIBG, and in application of article 14.1.h) LTAIBG, since it damages its economic and commercial interests.

The Council rejects the complaint and ratifies the Administration’s decision, on the grounds that, in this case, the double requirement of abusive nature of the request and lack of justification in the purpose of transparency of the law are not observed, and that, on the other hand, the weighting required by Article 14.2 LTAIBG has been correctly carried out in relation to the application of the limit of Article 14.1.h) LTAIBG, referring to economic and commercial interests.