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RCA230. Ministry of Industry, Trade and Tourism. Prior proceedings of a sanctioning file

ABSTRACT

Claim against denial of access to the copy of the investment project of the San Finx Mining Group.

A foundation submitted a letter to the Ministry of Industry, Trade and Tourism requesting access to the copy of the investment project of the San Finx Mining Group, presented by the defunct company Increment Grupo Inversiones, S.L.

The Ministry agreed to the inadmissibility of the application on the basis of the First, Second Additional Provision of the LTAIBG, on the understanding that there is a specific legal regime for access to information provided in Article 20 of Law 38/2003, of November 17, General of Subsidies (LGS) that establishes the reserved nature of the data contained in the National Subsidy Base, providing only limited publicity. It also adds the invocation of the limit provided for in Article 15 LTAIBG (protection of personal data) and of the first, first paragraph, Additional Provision (as the applicant is not interested).

The Council of Transparency and Good Governance has lodged a complaint, stressing that the provisions for active advertising contained in Article 8 of the LGS do not constitute any limit or cause of inadmissibility of the right of access. It also considers that the first subparagraph of Additional Provision 1(1) is not applicable, since the Administration itself acknowledges that the claimant is not interested in the 2012 reindustrialisation grant procedure, and therefore the circumstances necessary for its application do not exist.

Resolution of the Council on Transparency and Good Governance (176 KB)
Judgment No 197/2022 of the Central Administrative Court No 5 (193 KB)
Judgment in Appeal No. 25/2023 of the Administrative Litigation Division, seventh section of the National High Court (948 KB)

The Supreme Court has accepted the cassation appeal filed by the Council of Transparency and Good Governance.

The Supreme Court considers that the issue of objective casational interest for the formation of jurisprudence consists in interpreting Article 20.5 of the General Law on Subsidies and Article 8 of Royal Decree 130/2019 posts in relation to the first additional provision 2 of Law 19/2013, in order to determine whether in the field of subsidies there is a specific regime of access to information and the reserved nature of such information that supposes that it is applied preferentially to the provisions of the law on transparency, the latter remaining as a supplementary regulation.

ATS of November 6, 2024 of admission of cassation appeal (114 KB)