SUMMARY

The Federal Railway Union of the CGT submitted an application for access to RENFE to access the full tender (including specifications of particular conditions) of the tender of Renfe Viajes Sociedad Mercantil Estado, S.A, awarded on 27/06/2018 to Interserve Facilites Service S.A.

RENFE denied the information because the companies Interserve Facilities Services, S.A.U., and Acciona Facility Services, S.A., have shown their willingness not to disclose their respective technical offers or other data to a third party outside the tender. Likewise, the limits of economic and commercial interests apply.

Once a complaint has been filed, the Council for Transparency and Good Governance partially considered it, since access must be denied with regard to the part of the tender that contains this type of information declared confidential, the publication of which can harm in a real way the interests of both Renfe Operadora and the other companies involved without, in our opinion, there being a higher interest that allows the application of the limit to be displaced. On the contrary, as considered by the Courts of Justice, we consider that the right to information guaranteed by the LTAIBG does protect access to the contract signed as a result of the tender. An online access, on the other hand, with the provisions of article 8.1 of the LTAIBG.