05 March 2015 г.

By Decision no. 1399 as of 9 February 2015 (in Bulgarian), the Supreme Administrative Court (SAC) repealed the first instance decision along with the Targovishte Municipality Deputy Mayor’s refusal to provide to Krassimir Russev (former member of the Targovishte Municipal Council) a copy of the contract for sale of a municipal real estate property to a private company.

 

The justices held that the material bearer of public information – the actual paper document – is not something that is requested for its material substance, but for the information contained therein. Furthermore, the justices held that the disclosure of a contract concluded by an obliged body is falling in the scope of a set by the APIA legal presumption of the existence of an overriding public interest in disclosure. Thus, the Deputy Mayor had no legal grounds to refuse provision of a copy of the contract.

 

The decision is final.