Recurrent: RENFE-EPE Operator/Ministry of Transport, Mobility and Urban Agenda
Recurred resolution: R/0832/2023
In exercise of the right of access to public information, information was requested from RENFE-Operadora EPE/Ministry of Transport, Mobility and Urban Agenda, regarding the specifications of the contract published in the State Contracting Platform%002 contracting procedure No. 2018-01669%002, the object of which is the supply and maintenance of trains for fifteen years.
RENFE refused access on the grounds that the specific contractual legal regime determines the confidentiality of the information requested, and that, even if the LTAIBG were to be understood as applicable, the access requested would be affected by the limits set out in Article 14.1.h) and k) — the protection of commercial interests and the duty of confidentiality, respectively.
The Council partially estimates the claim in order to provide the claimant with the non-confidential information contained in the specifications and technical specifications of the contract; in particular, the information relating to the train dimensions requested in the specification; the reference gauge dimension and the determination of the entity responsible for the compatibility of the design with the infrastructure. The Council considers that, although the limit laid down in Article 14(1)(h) LTAIBG in relation to case (k) of the same provision may be considered to apply, the fact is that its application to the entire content of the administrative and technical documents is not in accordance with the justified and proportionate application requirements imposed by Article 14(2) LTAIBG and does not take into account the public interest in access, which contributes to the understanding of how public funds are managed and therefore makes it possible to scrutinise the decisions of the public entity required in the economic, financial and contracting fields. In addition, the Council’s resolution takes into consideration that the claimant itself limited its request, invalidating RENFE’s allegation of the alleged impossibility of granting partial access to the requested documents because this would entail a disproportionate administrative burden.