Recurrent: AENA, S.M.E., S.A.

Resolution appealed: R CTBG 0991/2025

In exercise of the right of access to public information, AENA, S.M.E, S.A. was requested to access a series of data on the activity that takes place at Melilla Airport, in particular, on the flights operated, as well as on the cancellations and delays registered.

AENA replied by email to the applicant indicating that the information concerning the total number of operations of Melilla Airport could be obtained in the indicated link of the entity’s website through the “personalized consultations” area denying the rest of the information -under article 14.1.h) LTAIBG- indicating that its delivery harmed the economic and commercial interests of the airlines.

Dissatisfied with the response received, the applicant filed a claim. At the allegation stage of this procedure, AENA stated that partial access had been given to the information requested through the web and was ratified to the detriment of the economic and commercial interests of the airlines to justify the denial of the rest of the information under Article 14.1.h) LTAIBG.

The Council estimates the claim by pointing out that the State Commercial Society «has not justified that the information requested concerns circumstances or operations that are directly connected with the economic activity of the companies in the sector, nor that the damage to the delivery of that information is substantial, real, manifest and directly related to its disclosure, nor has it operated the due weighting of interests for its consideration».