Recurrent: Fundación Presidente Allende

Recurred resolution: R CTBG 1193/2024

In exercise of the right of access to public information, the Ministry of Foreign Affairs, European Union and Cooperation was requested to have access to a report prepared by the Ministry ' s International Legal Counsel, which had been requested by the Court of First Instance 101 of Madrid in the context of a procedure for the forced execution of an arbitral award.

The requested ministry did not issue a ruling within the legally established time limit, and the claim procedure provided for in Article 24 LTAIBG was expedited. In the processing of claims brought within this claim procedure, they invoke the concurrence of the limit provided for in article 14.1.f) LTAIBG (equality of the parties in judicial proceedings and effective judicial protection) to deny access to the aforementioned report.

The Council dismisses the complaint by pointing out that, from what the Ministry said in the processing of allegations, it follows that the report requested was requested by the Technical General Secretariat of the Department with a view to supporting it in the preparation of the reply to a request of the Court of First Instance 101 of Madrid within the aforementioned procedure. It is considered that the Administration has sufficiently justified the existence of a close connection between the requested report and the claim that is the subject of the judicial proceedings to which the applicant is a party. Given the purpose for which the information sought to be accessed was prepared, its disclosure at the current stage of the proceedings would clearly alter the equality of arms between the parties and their procedural strategy, thus directly affecting the exercise of the right of defence of one of the parties.