Contracts signed between the Ministry of Finance and Robin, Sheves, Lipkin-Shahak and Birger

Aleksenia Dimitrova (“24 chasa” newspaper) versus the Ministry of Finance

First Instance Court– administrative case № 02936/2006 in Sofia City Court (SCC), ІІІ Division

Request:
On 10 of May 2006, Alekseniya Dimitrova a journalist in “24 chasa” (24 hours) newspaper submitted a request to the Ministry of Finance (MoF) in order to obtain information regarding agreements and contracts concluded between MoF and firm Robin, Sheves, Lipkin-Shahak and Birger, amount of money paid, and the grounds on which it was paid (for what activities), to the firm or its representatives as well as other related documents connected with the afore mentioned firm or its representatives.

Refusal:
By a decision as of 25 May 2006 the Director of “Administrative Services” department in MoF stated partial refusal. The decision informed that within the period 2003-2005 MoF had concluded four agreements with the mentioned firm for the amount of 167 780 USD to obtain services connected with the management of external debts taken by the Republic of Bulgaria from other countries. Art. 37, Para. 1, Item 2 of the APIA was used in order to justify the refusal – the information affected the interests of the third party and no consent for the disclosure of the data had been given by that third party.

Complaint:
The partial refusal was challenged before the SCC. The complaint referred to the provision of APIA (Article 3, Para. 2, item 2) which sets that if the third party is receiving the funds from the state budget his consent is not necessary according to the provisions of article 31, Para. 5. of APIA.

Developments in the Court of First Instance:
During the first court session in March 2007, the case was suspended as MoF had to provide the proof that the director of the correspondent department was authorized by the minister to decide on requests for access to information. Further on, during the open court session which was held on 13 of November 2007, the case was heard and scheduled for judgment.

Court Decision:
By decision as of 22 December 2007, the SCC repealed the partial access decision in its part connected with the amount of money paid by MoF according to the agreement on services provision regarding external debts taken by the Republic of Bulgaria concluded with the firm Robin, Sheves, Lipkin-Shahak and Birger, and the grounds for the above mentioned payment. The justices, found the other part of the refusal lawful. The court stated that the third party was a trade association and that the provision of documents in paper, namely the agreement between MoF and the firm, would affect the lawful rights and interests of the trade association (the third party).