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Kalina Pavlova vs. the Chamber of Architects in Bulgaria

First Instance Court – administrative case No. 6720/2010, ACSC, Second division, 27th panel

Request:
On August 20, 2010, Kalina Pavlova requested from the Chamber of Architects in Bulgaria (CAB) all minutes, documents and decision of the Regional College Nova (RCN) and of the Regional College Sofia generated since the establishment of the RCN.

Refusal:
With a letter as of August 25, 2010 the Chairperson of the CAB refused to provide the information on the ground that the CAB is a professional organization and is not an obliged body under the APIA.

Complaint:
The refusal was challenged before the ACSC. The complaint stated that the CAB is obliged body as body subject to the public law, other than the public authorities, since it is established by law and regulates entirely the profession of architects, landscape architects and urban planners.

Developments in the Court of First Instance:
The case was heard in an open court session on November 30, 2010 and was scheduled for judgment.

Court Decision:
With a decision No. 4374 as of December 22, 2010, a panel of the ACSC repealed the refusal and returned the case to the CAB for reconsideration. According to the court The Chamber of Architects and Engineers of Investment Design Act vested the CAB with public functions. Therefore, the CAB is obliged body within the meaning of Art. 3, Para. 2, Item 1 of the APIA.