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RCA 428. Works in railway facilities of access to the pier 15 Port of Alicante and authorized users.                           

Recurrent: Maritime Terminals of the Southeast, S.A.

Resolution appealed: R CTBG 1511/2025

In exercise of the right of access to public information, the PORT AUTHORITY OF ALICANTE/MINISTRY OF TRANSPORT AND SUSTAINABLE MOBILITY was requested to access the following information: (i) works of conditioning of the railway branches that give access to the pier 15, identification of the executor of the works and copy of the contracting file; (ii) identification of the company/companies that is/are using and that has/have occupied said roads since 2024, as well as copy of the file/s of granting the corresponding enabling title; (iii) finally, in respect of two previous requests for information addressed to the same AP of Alicante (of 10.5.2024 and 11.6.2024): status of processing, reason why they have not been answered, and name and surname of the person/s responsible for their processing.

The requested Port Authority did not respond within the legally established deadline, so the request was deemed rejected by silence and expedites the means of complaint provided for in article 24 LTAIBG. During the course of this procedure, the AP of Alicante has indicated that it is appropriate to grant access and provides the administrative file and two supplementary reports.

The Claimant, during the hearing granted to him subsequently, indicates that he has not been provided with the administrative files relating to the current use of the railway tracks in front of the pier 15 and to all the work that has been carried out previously to enable such use, stating that the information provided also does not make it possible to know the reason for the decision to rehabilitate the indicated tracks.

The Council partially estimates the claim, noting that the request included in the request to obtain a statement of reasons or justification as to the conduct of the PA of Alicante in relation to the failure to respond to previous requests made by the claimant entity should be dismissed, but urges that its status of processing be reported and that the identification of the persons responsible for its processing be provided.