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The Innovation and Networks Executive Agency's refusal to grant public access to a cost-benefit analysis concerning the Brenner tunnel project

The complainant sought public access from the Innovation and Networks Executive Agency (INEA) to a cost-benefit analysis on the Brenner tunnel infrastructure project. INEA refused access. In doing so, it invoked an exception provided for under the EU's rules on public access to documents, arguing that disclosure would undermine the protection of the commercial interests of the parties concerned.

The Ombudsman opened an inquiry and sought to inspect the document in question.