By Decision No. 225 as of 9 January 2015, the Supreme Administrative Court (SAC) upheld the repealing of the refusal of the National Customs Agency to provide information if the former head of the Customs Office – Kyustendil was prosecuted for improperly incurred fuel costs established by the "Internal Audit" Department, which constituted damages to the Customs Office – Kyustendil.
The refusal of the National Customs Agency was grounded in the lack of the third party’s consent although the request sent to the former head of office had not been received by him.
The court pointed out that the provision of Art. 31, Para. 2 of the APIA requires that the public body really requests the consent of the third party which means that the request letter really reaches them. Whether the third party will respond and whether the answer would be positive or negative is a consequitive fact which is bound to certain legal effects, but they can occur only if the request has reached the third party. The court decision is final.