The Ministry of Foreign and European Affairs of the Slovak Republic is to decide on the disclosure of information on the Slovak Presidency of the Council of the EU

The case concerned an information request from Transparency International Slovakia (TIS) concerning public procurement during the Slovak Presidency of the Council of the EU

The Administration of Special Purpose Vehicles made part of the requested documents available to TIS, but did not issue a decision not to disclose the remaining information, which TIS considered to be a fictitious decision which it challenged on appeal. The appeal was subsequently decided by the Head of the The Administration of Special Purpose Vehicles by dismissing it. TIS argued that the appeal was decided by a body which was not legally entitled to do so.

The Supreme Administrative Court held that the designation of the Head of the Administration of Special Purpose Vehicles as the competent authority to decide on the appeal could not be made by an internal regulation adopted by the Administration of Special Purpose Vehicles, and also concluded that the competent authority to make such a decision was the founder of the Administration of Special Purpose Vehicles, i.e. the Ministry of Foreign and European Affairs of the Slovak Republic.

The Supreme Administrative Court also granted TIS the right to full compensation for the costs reasonably incurred in the cassation proceedings.

The case was decided by Panel 3S of the Supreme Administrative Court composed of: President of the Panel JUDr. Katarína Benczová; Judges: Mgr. Kristína Babiaková, JUDr. Zuzana Šabová, PhD. (Judge-rapporteur).