Neli Arabadjieva (Green Balkans Association) v. National Construction Control Directorate
Neli Arabadjieva from the Green Balkans Association demanded access to copies of inspection reports about the lawfulness and compliance with the requirements stipulated by the Structure of the Territory Act with regard to the construction and usage of a chair lift connecting Pionerska mountain resthouse with Rilski Ezera mountain resthouse, within the Municipality of Separeva Banya.
In his response, the Director of the National Construction Control Directorate (NCCD) refused to provide the requested information on the ground of the exemption provided by Art. 13, Para. 2, item 1 of the Access to Public Information Act (APIA). He claimed that the information was related to the operational preparation of the acts of the administrative bodies and had no significance of its own.
The refusal was appealed before the Administrative Court – Sofia City. With a decision as of April 8, 2010, the court repealed the refusal basing its judgment on the fact that the quoted exemption was not applicable in the particular case. According to the court panel, the requested information constituted environmental information under the Environmental Protection Act (EPA) and its provision or the restriction of access to it should be regulated by the provisions of the EPA and not by the provisions of the APIA.