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The Court of Cassation satisfied FOICA’s claim
09.06.2010
On June 09, 2010, The RA Court of Cassation fully satisfied FOICA’s cassation claim. The Court annulled the RA Administrative Court’s decision over the case FOICA vs. “Yerevan Urban Development and Investment Programs Department” SNCO and sent it to the same court for a new exam.
Let us note, that FOICA had asked the RA Administrative Court to recognize the action of the “Yerevan Urban Development and Investment Programs Department” SNCO illegitimate and as a consequence to obligate the “Yerevan Urban Development and Investment Programs Department” SNCO to provide the requested information. The RA Administrative Court had dismissed the FOICA's claim.
The Court had found that the SNCO had actually answered the FOICA's request. The Court had found that the SNCO had given a comprehensive answer to the 1-st question of the request. As for the 2-nd and 3-rd questions, the answers contained commercial secrets, for even though the SNCO is a non-commercial organization and doesn't pursue any commercial interests but the organizations that the SNCO has contracts with do pursue commercial interests. So, if the SNCO provided the FOICA with that information, it would mean, that it was publishing the commercial secrets of those organizations.