Recurrent: Plus Ultra Línea Aéreas S.A.

Resolution appealed: R/0155/2022

In exercise of his right of access to information, a citizen filed a letter with the State Society of Industrial Participations (SEPI), attached to the Ministry of Finance and Public Function, requesting a copy of the file application and agreement of concession of rescue of the Airline Plus Ultra.

The denial of access to the requested information is based, firstly, on the existence of a specific regime established in article 2.17 of Royal Decree Law 25/2020, of 3 July, on urgent measures to support economic recovery and employment, which establishes the reserved nature of the data, documents and information held by the Board of Directors and the SEPI, by virtue of the functions attributed to them by the aforementioned norm, and which displaces the provisions of the Transparency Law.

It also alleges the secrecy of the accounting of the companies (which they must provide in order to qualify for financial support); the concurrence of the limits of the exercise of the right of access to information contemplated in article 14.1.h) and k) LTAIBG —the protection of commercial interests and the duty of confidentiality, which directly entail the obligation of reservation required by the aforementioned article 2.17 of Royal Decree-Law 25/2020—; and the concurrence of the limits contemplated in article 14.1 j) and f) LTAIBG —economic policy and equality of the parties in judicial processes and effective judicial guardianship, respectively.

Once a complaint has been filed, the Council of Transparency and Good Government considers it partially by pointing out that, although Article 2.17 of the aforementioned Royal Decree constitutes a specific regime (at least with regard to the confidentiality reservation that it establishes), it should not be understood in absolute terms that imply the total displacement of the law of transparency, as seems to be understood by the requested body. It then points out that the limit on access provided for in Article 14.1.h) LAITBG (economic and commercial interests) is not applicable, given the high public interest in knowing the justification of the specific budgets for obtaining the aid (allowing, however, the exclusion of accounting information or information that evidences their commercial strategies or is detrimental to their position vis-à-vis competitors). The concurrence of the limits provided for in article 14.1.,k), i) and f) LTAIBG is also excluded.