Access to Information Programme | Court cases - Report about Bulgarian citizens and companies who were involved in oil trade with Iraqi companies or their representatives during the Saddam regime

Maria Samardjieva vs. the National Institute for Preservation of Immovable Cultural Values

Maria Samardjieva requested access to a document by the Director of the National Institute Preservation of Immovable Cultural Values authorizing NGOs to plant on April 29, 2009 a Maple tree in the garden of the National Art Gallery. The requestor also sought all relevant documentation regarding authorizations or refusals of intervention in historic gardens in Sofia, classified as cultural heritage for the period June 1, 2008 - June 1, 2009. The Director of the Institute refused access on the ground of Art. 13, Para. 2 and Art. 37, Para. 1, Item 2 of the APIA without pointing any factual grounds.

The Administrative Court – Sofia City repealed the refusal and obligated the Director to grant access to the requested information explicitly motivating its decision with the existence of overriding public interest.

With its decision, as of February 22, 2010, the Administrative Court Sofia City noted that considering the nature of the information and the principle of openness and transparency of the management of cultural heritage, set forth in Art. 3 of the Cultural Heritage Act, there is clearly overriding public interest, which requires the body to release the information, even if this would harm interests of third parties.