A natural person requests the execution status of the provisional execution order of a judicial judgment and measures taken by the City of Ruiloba. The Administration dismisses the application due to the existence of the aforementioned execution “sub judice” and opposes the admission of the claim due to the legal regime of the applicant, since it is granted by the city council.
The Council takes the view that the complaint is based on the assessment, on the one hand, that the request for access was made by a private individual and that it is therefore not appropriate to apply a special regime of its own. On the other hand, that no legal restrictions have been justified that prevent access to the public information requested, in particular, that the mere reference to the fact that the information requested is subject to a judicial procedure, without accrediting it, and without justifying to what extent access may prejudice the right to judicial protection or equality of the parties in the process, weighing the damage with the public or private interest in access, as required by Article 14.2 LTAIBG, is not sufficient to support the denial of the information requested within the limit of Article 14.1(f) LTAIBG.
Faced with the resolution issued by the CTBG, the local entity lodges a contentious-administrative appeal that has entry into the Council on March 25, 2025.