Access to a contract between a municipality and a private company

Lubov Guseva v. Mayor of Vidin
Court case № 35/2003 of the Regional court of Vidin

Lubov Guseva filed an information request № 3-02-1139/11.04.2002 to the Mayor of Vidin, wishing to receive access to the contract between the municipality of Vidin and Chistota Ltd. The private company received funds from the municipal budget to limit the population growth of stray dogs in Vidin.

With decision № P-02-687/04.06.2002 the Mayor of Vidin refused to disclose information bacause it fell in the scope of the third pary interest exemption (Art. 37, para.1 item 2 of the Access to Public Information Act).

Lubov Guseva prepared and filed an appeal № 187/13.06.2002 agains tthe refusal to the Regional court of Vidin (RCV). After having paid the court fees on Aug. 23, 2002 the plaintiff failed to present the receipt in the court. Beacuse of this the regional court decided to stop the proceedings and returned the appeal to the plaintiff. The decision to stop the court proceedings was appealed before the Supreme Administrative Court. With a decision № 1803 from 27.02.2003 SAC returned the file to the Regional court of Vidin to continue the court proceedings.

At this stage te plaintiff turned to AIP and our lawyers prapared and filed a written statement and provided representation in court. With a decision № 95 from June 06, 2003 the RCV reversed the decision of the Mayor of Vratsa to withhold information as contrary to the law.

The decision of the regional court was appealed by the respondent before the Supreme Administrative Court (SAC). The first hearing on SAC court case № 8752/2003 will be on Jan. 27.2004.