In exercise of his right of access to information, a citizen submitted a written request to AENA requesting to know the gross annual salary collected by people who have been managers or senior positions of AENA in the period between 2016 and 2021 (both inclusive) and with the breakdown by concepts detailed in his request.
The requested body partially granted the requested information, providing the total remuneration of senior management positions disaggregated by years and referring to the Annual Report on Remuneration of Directors of Listed Public Companies and the Annual Corporate Governance Report, published on its website. It argues that the publication of any additional information, to which the Company is not bound by the regulations of the listed companies, would affect their economic and commercial interests.
Once a complaint has been filed, the Council of Transparency and Good Government considers it by ordering the retroaction of the proceedings so that AENA grants hearing to the affected persons and, once the procedure has been completed or after the deadline, provides the requested information —except in those cases in which the affected person is in a situation of special protection that justifies the prevalence of his right on access to information—. The decision is based on the fact that AENA is among the subjects liable under Article 2.1.f) LTAIBG (commercial companies in whose share capital the public participation, direct or indirect, is greater than 50 per 100) and that the limit on access provided for in Article 14.1.h) LTAIBG (economic and commercial interests) does not apply, highlighting the public interest in the information requested.
The Supreme Court has admitted the cassation appeal filed by AENA.
In the admission order, the Supreme Court declares that the issue raised in the appeal that presents objective casational interest for the formation of jurisprudence is to determine if in the case of public commercial companies to which it results from application of the LTAIBG by virtue of its Article 2.1.g), the interpretation of the Article 14.1.h) LTAIBG - referring to the injury to economic interests and comercial - must be modulated by reason of your consideration of societies Mercantiles that compete with others in the market and that are listed on the stock exchange.
