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    Reference: SG/A/2010/02
    Received Date: 04 November 2010
    Subject: Eirgrid East-West Interconnector TEN-E
    Complainant: Confidential
    Allegations: Alleged unfair refusal to provide access to information related to the project
    Type: A - Access to Information
    Outcome*: Areas for improvement
    Suggestions for improvement: yes
    Admissibility*
    Assessment*
    Investigation*
    Dispute Resolution*
    Consultation*
    Closed*
    4/11/2010
    20/01/2011
    29/04/2011
    24/05/2011
    15/06/2011

    * Admissibility date reflects the date the case was officially registered. All other dates pertain to the date in which a stage was completed.

    Case Description

    Complaint

    On 4 November 2010, the EIB Complaints Mechanism (EIB-CM) received a complaint concerning the EIRGRID East-West Interconnecter project in Ireland. In her/his message, the complainant argued that the EIB would have unfairly refused to provide access to the terms and conditions attached to the contested project that were requested to the EIB competent services on 20 October 2010. The complainant took the view that the requested information was of public interest and should be disclosed in line with the regulation 1049/2001/EC. 

    EIB-CM Action

    The Complaints Mechanism (CM) thoroughly assessed the contested information with a view to identifying the adequacy of the motivation adopted by the EIB competent services in their reply to the complainant and to ascertaining the possibility of partial disclosure of the requested information.

    Conclusions and Recommendations

    On the basis of the inquiry carried out, the CM recommends the EIB to proceed with a partial disclosure, by disclosing the loan condition(s) of an environmental nature. With regard to the remaining undisclosed information, the CM takes note that in line with § 5.2.3 part A of the EIB Transparency Policy, this information is considered confidential and forms part of the Bank’s confidential relationship with its business partners.