A natural person requests access to certain documentation that is part of a dossier of administrative concessions in the field of mines. The Administration concerned disallows the application for access on the basis of the applicant’s non-status as an interested party, and on the basis of the file on which the application for access is still being processed. To this end, the sectoral regulations are invoked by application of the first additional provision of the LTAIBG, as well as article 15 of Law 4/2013, of 21 May, on the Open Government of Extremadura, by application of article 12 of the LTAIBG.
The Council considers the claim in the absence of the cause of non-admission provided for in article 18.1.a) of the LTAIBG, to the extent that the concurrence of any of the legal limits of the LTAIBG is not proven, and the documentation must be provided, duly anonymized, where appropriate, for the purposes of article 15.3 of the LTAIBG.
In response to the resolution issued by the CTBG, the Junta de Extremadura filed a contentious-administrative appeal which entered the Council on February 5, 2025.
