Luton Borough Council

The complainant has requested a copy of a concession agreement between London Luton Airport Limited and the London Luton Airport Operating Company Limited.  Luton Borough Council initially withheld the information under the exemption for commercial interests – section 43(2) of the FOIA.  During the Commissioner’s investigation the public authority disclosed some information and withheld other information under the exception for commercial confidentiality – regulation 12(5)(e) of the EIR.  The Commissioner’s decision is that Luton Borough Council wrongly handled the request under the EIR and breached regulation 5(1) and regulation 14(1) of the EIR and that it correctly applied regulation 12(5)(e) to withhold some of the requested information.  The Commissioner does not require the public authority to take any steps.