A citizen submitted a letter to the Ministry of Finance and Public Function, requesting access to the resolution of the Managing Board of the Fund to support the solvency of strategic companies in which the Temporary Public Financial Support Agreement and the Shareholders’ Agreement or the Management Agreement with Air Europa are approved, which includes the details and conditions of the aid granted and determines the strategic decisions of the company that are subject to prior authorization of the Managing Board.
The Administration denied access on the grounds that in order to safeguard the right to a hearing of identified interested parties who might be affected by the access to the information sought, the hearing procedure established in Article 19.3 of Law 19/2013 has been granted and the deadline for resolving this request has been suspended for fifteen days to make allegations.
When a complaint was filed, the Council of Transparency and Good Governance considered it, since the information requested relates to a public aid or subsidy, so that its publication in general is mandatory, in accordance with the provisions of article 8.1 (c) of the LTAIBG.
Likewise, the Administration has not issued an express decision on the request for access to information and no justification has been provided in the file in relation to the possible application of the legal limit of injury to economic and commercial interests.
