ABSTRACT

A representative of the Association of Parks and Gardens Companies (ASEJA) presented a request for information to the public company TRAGSA in order to know the management orders made by that entity in different CCAA. The applicant also wanted to know the amounts of such orders. In its response, TRAGSA denied such information on the grounds that it is up to the entrant entities to report on the entrants.

Submitted a complaint to the Council of Transparency and Good Governance, it is resolved that TRAGSA must provide such information, in application of the provisions of article 8.1 b) of the LTAIBG, which obliges to publish to the entities subject to the Law “the management orders that are signed”, without attending to the status of entrant or entrant of the agency or entity that facilitates access. Thus, and as stated in the resolution, “in the opinion of this Council of Transparency and Good Governance this condition of its own environment and the fact that, therefore, the order is binding, is not an obstacle to understanding TRAGSA as a entrusted entity and, therefore, aware of all the terms of the order and, especially, of the information that must be published in application of article 8.1 b) above.”

Status: At this moment there is already a firm sentence. The ruling of the Madrid Central Administrative Court No. 7 annulled the Transparency Council’s decision but the Council appealed to the National High Court, which considered the appeal and annulled the previous ruling. Therefore, TRAGSA must publish the information.