05 March 2015 г.

By decision[1] of 4 February 2015 the Administrative Court – Yambol repealed a refusal by the Yambol Municipality Secretary to provide information on the institution’s income and expenses relating to all completed litigation between January 2011 and December 2013.

 

The requester – Marieta Sivkova, member of the Yambol Municipal Council – had sought data on: the type and number of the court case; the court instance; name of the defendant or applicant against the Yambol Municipality; number and date of the court ruling; type of the expenditure – attorney fees, payment of expert report or damages; type of income – damages or reimbursement of legal defense costs, expert report or other legal expenses; name of the defense counsel to the Yambol Municipality.

 

The Secretary had refused claiming that the information is not public in the meaning of the APIA, since it did not exist as such and had to be compiled for the purposes of the request. The court noted that the information is public under the APIA. This information was in possession of the Municipality and no further efforts had to be made by the municipal administration in order to gather and generate the data. The court instructed the Municipality’s Secretary to provide the litigation information sought. This decision has been appealed by the obliged subject.



[1] Decision no. 18/04.02.2015 of the Administrative Court – Yambol, 6th panel, on administrative case no. 259/2014.