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Court orders Bulgargaz to reconsider disclosure of BOTAS delivery and payment data

Sofia Administrative Court overturns refusal

The Sofia Administrative Court has overturned Bulgargaz’s refusal to disclose historical delivery and payment information connected to its agreement with Turkish gas company BOTAS. The court annulled the original decision and returned the case for reconsideration by Bulgaria’s state-owned gas supplier. In its final ruling, the court also ordered Bulgargaz to cover the claimant’s legal costs.

The court found that Bulgargaz had not provided sufficient grounds to withhold annual gas volumes delivered under the arrangement for 2023 to 2025. It also ruled that the payments made over the same period should not have been withheld. The judgment annulling the refusal cannot be appealed, but Bulgargaz must issue a new decision on the disclosure request.

Request covers volumes in MWh and corresponding payments

Journalists requested annual delivery volumes measured in MWh and the corresponding payments for 2023, 2024 and 2025. They argued that the data relates to the use of public funds and should be available for scrutiny. The request focused on historical figures tied to the BOTAS arrangement rather than any future changes.

Bulgargaz rejected the request in March. The company said negotiations were underway to revise the agreement that provides Bulgaria access to Turkey’s transmission system and liquefied natural gas regasification terminals. Bulgargaz argued that publishing commercial information could weaken its negotiating position with BOTAS.

Court distinguishes historical transactions from future contract talks

The court drew a distinction between completed transactions and discussions about possible future contract modifications. It found that no confidentiality arrangement cited in the case justified withholding the requested historical delivery volumes and payment amounts. The ruling referenced annual figures covering deliveries from 2023 through 2025.

According to the court, disclosure would improve transparency around public resources and make it easier to assess the financial consequences of the BOTAS agreement. The matter was sent back to Bulgargaz for reconsideration following the annulment of its earlier refusal.

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