A private association submitted a request for information to AENA to know the flight number, name of the airlines, airports of origin and destination, type of movement (departure or arrival), dates and times of all flights with arrival or departure from Madrid and Barcelona Airport that were cancelled, as well as flights that have registered a delay of more than 3 hours in the period between 7 March 2019 and 1 September 2021.
The Administration denied access on the grounds that giving the information is detrimental to economic and commercial interests.
When a complaint was filed, the Transparency and Good Governance Council dismissed it since the airlines are private companies operating under a free competition regime, without exceptions, and if delays are identified by airline, there can be reasonable and not merely hypothetical damage to their commercial and economic interests, without a higher interest allowing access.