Recurring: Particular

Recurred resolution: R/0109/2023

In exercise of the right of access to public information, a request was submitted to the National Securities Market Commission (CNMV) for access to the copy of the communication notifying the termination of the claimant as CEO of a commercial company. Subsequently, the same applicant requests access to information on the effects and consequences of the non-approval of the company’s annual accounts in the year 2021, as well as on the status of the complaint procedure processed by him through the informant protection channel.

The CNMV agreed that the complaint was inadmissible on the grounds provided for in article 18.1.e) LTAIBG, on the grounds that it was abusive.

The Council does not consider applicable the cause of inadmissibility invoked by the Administration, but dismisses the claim considering the application of the first, second, additional provision of the LTAIBG, as there is a reservation of confidentiality provided in the Consolidated Text of the Securities Market Law, approved by Royal Legislative Decree 4/2015, of October 23 (TRLMV), and understanding, on the other hand, that the rest of the information requested has already been provided.