The “Sanitary Transport of La Rioja UTE” Works Council (hereinafter, the “Works Council”) requests from the Ministry of Health of the Government of La Rioja information on the improvements offered by the awarding company in a procurement file relating to the health transport service in the Autonomous Community of La Rioja.
Dissatisfied with the resolution of the aforementioned Ministry of Health, the awarding company presents a complaint to the Council of Transparency and Good Governance (CTBG) for considering that the estimate of the request for information presented by the company committee harmed its interests, in particular its economic and commercial interests, professional secrecy and intellectual and industrial property, as well as the confidentiality of the offer presented in the contract.
The CTBG dismisses the claim raised since it considers in its resolution that the Government of La Rioja has correctly applied Law 19/2013, of 9 December, on transparency, access to public information and good governance, to the extent that it has previously analyzed whether the estimate of the request for information involves a specific, defined and assessable harm (damage test), and has made a justified and proportional application, taking into account the circumstances of the specific case, of the public interest test when determining the existence of an interest that justifies access to the required documentation.
Dissatisfied with the resolution issued, the awarding company lodges a contentious-administrative appeal that has entry into the Council on 23 April 2019.
