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ClientEarth v European Commission: ECFI 13 Nov 2012

ECFI Actions for annulment – Access to documents – Regulation (EC) No 1049/2001 – Implied refusal of access – Period allowed for commencing proceedings – Delay – Manifest inadmissibility Citations: T-278/11, [2012] EUECJ T-278/11 Links: Bailii Statutes: Regulation (EC) No 1049/2001 Cited by: See Also – Clientearth v European Commission ECJ 13-Sep-2013 clientearth_ec092013 ECJ Access … Continue reading ClientEarth v European Commission: ECFI 13 Nov 2012

Bronckers v Commission (Access To Documents – Agreement Between The European Community and The United Mexican States – Spirit Drinks – Judgment): ECFI 25 Nov 2020

Access to documents – Regulation (EC) No 1049/2001 – Agreement between the European Community and the United Mexican States on the mutual recognition and protection of designations for spirit drinks – Documents submitted within the framework of the Joint Committee – Refusal to grant access – Exception relating to the protection of the public interest … Continue reading Bronckers v Commission (Access To Documents – Agreement Between The European Community and The United Mexican States – Spirit Drinks – Judgment): ECFI 25 Nov 2020

Alexandrou v Commission: ECFI 12 Nov 2015

ECJ Judgment – Appeal – Civil service – Recruitment – Notice of competition EPSO / AD / 231/12 -Not admission to participate in the assessment tests – Obligation to state reasons – Access to documents – Refusal of access to multiple choice questions posed in the admission tests – Secret of jury work – Regulation … Continue reading Alexandrou v Commission: ECFI 12 Nov 2015

Nuclear Decommissioning Authority v Energysolutions EU Ltd (Now Called ATK Energy EU Ltd): SC 11 Apr 2017

This is an appeal on preliminary points of European Union and domestic law regarding the circumstances in which damages may be recoverable for failure to comply with the requirements of the Public Procurement Directive (Parliament and Council Directive 2004/18/EC on the coordination of procedures for the award of public works contracts, public supply contracts and … Continue reading Nuclear Decommissioning Authority v Energysolutions EU Ltd (Now Called ATK Energy EU Ltd): SC 11 Apr 2017

Bavarian Lager v Commission: ECFI 8 Nov 2007

ECJ Access to documents Regulation (EC) No 1049/2001 Documents relating to proceedings for failure to fulfil obligations Decision refusing access – Protection of physical persons in relation to processing of personal data Regulation (EC) No 45/2001 – Concept of private life. Citations: T-194/04, [2007] EUECJ T-194/04 Links: Bailii European Updated: 12 July 2022; Ref: scu.261354

Turco v Council (Law Governing The Institutions): ECFI 23 Nov 2004

ECJ Openness – Public access to Council documents – Partial refusal of access – Regulation (EC) No 1049/2001 – Exceptions. Citations: T-84/03, [2004] EUECJ T-84/03, [2004] ECR II-4061 Links: Bailii Statutes: Regulation (EC) No 1049/2001 Jurisdiction: European Cited by: Cited – Kennedy v The Information Commissioner and Another CA 12-May-2011 The claimant, a journalist, sought … Continue reading Turco v Council (Law Governing The Institutions): ECFI 23 Nov 2004

Public.Resource.Org and Right To Know v Commission: ECFI 14 Jul 2021

Access to documents – Regulation (EC) No 1049/2001 – Harmonised standards – Documents concerning four harmonised standards approved by CEN – Refusal to grant access – Exception relating to the protection of the commercial interests of a third party – Protection deriving from copyright Citations: T-185/19, [2021] EUECJ T-185/19, ECLI:EU:T:2021:445, [2021] ECDR 24 Links: Bailii … Continue reading Public.Resource.Org and Right To Know v Commission: ECFI 14 Jul 2021

MSD Animal Health Innovation and Intervet International v EMA: ECFI 5 Feb 2018

Provisions Governing The Institutions – Judgment – Access to documents – Regulation (EC) No 1049/2001 – Documents held by the EMA and submitted in the context of the application for marketing authorisation for the veterinary medicinal product Bravecto – Decision to grant a third party access to the documents – Exception relating to the protection … Continue reading MSD Animal Health Innovation and Intervet International v EMA: ECFI 5 Feb 2018

Commission v Stichting Greenpeace Nederland And Pan Europe: ECJ 23 Nov 2016

ECJ (Judgment) Appeal – Access to documents of the institutions – Regulation (EC) No 1049/2001 – Environment – Aarhus Convention – Regulation (EC) No 1367/2006 – Article 6(1) – Risk of an adverse effect on the commercial interests of a natural or legal person – Concept of ‘information relating to emissions into the environment’ – … Continue reading Commission v Stichting Greenpeace Nederland And Pan Europe: ECJ 23 Nov 2016

Clientearth v Commission: ECFI 13 Nov 2015

ECJ Judgment : Second Chamber – Access to documents – Regulation (EC) No 1049/2001 – Draft impact assessment report, impact assessment report and opinion of the Impact Assessment Board – Refusal to grant access – Exception relating to the protection of the decision-making process – Duty to state reasons – Obligation to carry out a … Continue reading Clientearth v Commission: ECFI 13 Nov 2015

Jurasinovic v Council: ECFI 7 Oct 2015

ECJ Judgment – Access to documents – Regulation (EC) No 1049/2001 – Documents exchanged with the International Criminal Tribunal for the former Yugoslavia at trial – Decision taken following the partial annulment by the Court’s decision Initial – Partial refusal of access – Exception relating to the protection of international relations ‘ T-658/14, [2015] EUECJ … Continue reading Jurasinovic v Council: ECFI 7 Oct 2015

Sweden and Turco v Council and Others (Law Governing The Institutions): ECJ 29 Nov 2007

Where a member state submitted documents to a Community institution requesting that such docments be not disclosed to a third party, that request was to be treated as the beginning of a process of the institution asking whether they should not be disclosed and was not conclusive. C-39/05, [2007] EUECJ C-39/05 – O, C-52/05, [2007] … Continue reading Sweden and Turco v Council and Others (Law Governing The Institutions): ECJ 29 Nov 2007

Ntouvas v European Centre for Disease Prevention and Control (ECDC)c: ECFI 19 Nov 2014

ECJ Judgment – Access to documents – Regulation (EC) No 1049/2001 – Article 4(2), third indent – Final audit reports carried out on the ECDC by the Commission’s Internal Audit Service – Refusal of access – Obligation to state reasons – Obligation to undertake a concrete, individual examination – Overriding public interest A. Dittrich, P … Continue reading Ntouvas v European Centre for Disease Prevention and Control (ECDC)c: ECFI 19 Nov 2014

Jurasinovic v Council of the European Union: ECFI 3 Oct 2012

ECFI Access to documents – Regulation (EC) No 1049/2001 – Application for access to the reports of observers from the European Union present in Croatia from 1 to 31 August 1995 – Refusal of access – Risk of harm to the protection International Relations – Prior Disclosure T-465/09, [2012] EUECJ T-465/09 Bailii Regulation (EC) No … Continue reading Jurasinovic v Council of the European Union: ECFI 3 Oct 2012

European Medicines Agency v Abbvie Ltd: ECJ 28 Nov 2013

ECJ Appeal – Order for interim measures – Regulation (EC) No 1049/2001 – Access to documents of the institutions – Documents held by the European Medicines Agency in the context of an application for authorisation to place a medicinal product on the market – Decision to grant a third party access to the documents – … Continue reading European Medicines Agency v Abbvie Ltd: ECJ 28 Nov 2013

European Medicines Agency v Intermune, Inc: ECJ 28 Nov 2013

ECJ Appeal – Order for interim measures – Regulation (EC) No 1049/2001 – Access to documents of the institutions – Documents held by the European Medicines Agency in the context of an application for authorisation to place a medicinal product on the market – Decision to grant a third party access to the documents – … Continue reading European Medicines Agency v Intermune, Inc: ECJ 28 Nov 2013

Kennedy v The Information Commissioner and Another: CA 12 May 2011

The claimant, a journalist, sought further information from the Charity Commission after the release of three investigations into the ‘Mariam Appeal’ and questions about the source and use of its funds. The Commission replied that it was exempt under section 32. The claimant appealed against the finding of a blanket exemption, and continued after completion … Continue reading Kennedy v The Information Commissioner and Another: CA 12 May 2011

Rogesa v Commission (Order): ECJ 17 Dec 2019

Appeal – Access to documents of the institutions – Regulation (EC) No 1049/2001 – Article 4 (2), first indent – Exceptions to the right of access – Protection of the commercial interests of a specific natural or legal person – Regulation (EC ) No . .

Stichting Corporate Europe Observatory v Commission: ECJ 4 Jun 2015

ECJ Judgment – Appeals – Regulation (EC) No 1049/2001 – Access to the documents of the European institutions – Documents relating to the trade negotiations between the European Union and the Republic of India – Full access – Refusal Citations: C-399/13, [2015] EUECJ C-399/13, ECLI:EU:C:2015:360 Links: Bailii Statutes: Regulation (EC) No 1049/2001 Jurisdiction: European European … Continue reading Stichting Corporate Europe Observatory v Commission: ECJ 4 Jun 2015

Sea Handling v Commission: ECFI 25 Mar 2015

ECJ Judgment – Access to documents – Regulation (EC) No 1049/2001 – Documents relating to a State aid control procedure – Refusal of access – Exception relating to the protection of the purpose of inspections, investigations and audits – Exception relating to the protection of commercial interests of a third party – Obligation to make … Continue reading Sea Handling v Commission: ECFI 25 Mar 2015

Sophie In’t Veld v European Commission: ECFI 19 Mar 2013

ECJ Access to documents – Regulation (EC) No 1049/2001 – Documents relating to the draft international Anti-Counterfeiting Trade Agreement (ACTA) – Negotiating documents – Refusal to grant access – Exception relating to the protection of the public interest with regard to international relations – Manifest error of assessment – Proportionality – Obligation to state reasons … Continue reading Sophie In’t Veld v European Commission: ECFI 19 Mar 2013

Commission v Bavarian Lager: ECJ 29 Jun 2010

ECJ Appeal – Access to the documents of the institutions – Document concerning a meeting held in the context of a procedure for failure to fulfil obligations -Protection of personal data – Regulation (EC) No 45/2001 – Regulation (EC) No 1049/2001 Judges: V. Skouris, P Citations: [2010] EUECJ C-28/08, C-28/08, [2011] Bus LR 867 Links: … Continue reading Commission v Bavarian Lager: ECJ 29 Jun 2010

Commission v Editions Odile Jacob: ECJ 28 Jun 2012

ECJ Appeals – Access to documents of the institutions – Regulation (EC) No 1049/2001 – Documents relating to merger control proceedings – Regulations (EEC) No 4064/89 and (EC) No 139/2004 – Refusal to grant access – Exceptions relating to the protection of investigations, commercial interests, legal advice and the decision-making process of the institutions – … Continue reading Commission v Editions Odile Jacob: ECJ 28 Jun 2012

Commission v Agrofert Holding: ECJ 28 Jun 2012

ECJ Appeal – Access to documents of the institutions – Regulation (EC) No 1049/2001 – Documents relating to merger control proceedings – Regulation (EC) No 139/2004 – Refusal of access – Exceptions relating to the protection of the purpose of investigations, commercial interests, legal advice and the decision-making process of the institutions Judges: Lenaerts P … Continue reading Commission v Agrofert Holding: ECJ 28 Jun 2012

Internationaler Hilfsfonds v Commission: ECFI 22 May 2012

ECFI Access to documents – Regulation (EC) No 1049/2001 – Documents relating to contract LIEN 97-2011 – Partial refusal of access – Determination of the subject-matter of the initial application – Exception relating to the protection of privacy and the integrity of the individual – Exception relating to protection of the decision-making process – Principle … Continue reading Internationaler Hilfsfonds v Commission: ECFI 22 May 2012

Sophie In ‘T Veld v Council (Access To Documents): ECFI 4 May 2012

ECFI Access to documents – Regulation (EC) No 1049/2001 – Opinion of the Council’s Legal Service on a recommendation from the Commission to authorise the opening of negotiations for an international agreement – Partial refusal to grant access – Exception relating to the protection of the public interest in the field of international relations – … Continue reading Sophie In ‘T Veld v Council (Access To Documents): ECFI 4 May 2012

Izba Gospodarcza Producentow I Operatorow Urza Dzen Rozrywkowych v Commission: ECJ 30 Apr 2020

Appeal – Access to documents of the institutions – Regulation (EC) No 1049/2001 – Article 4(2), third indent – Exceptions to the right of access – Exception relating to protection of the purpose of investigations – Documents concerning pending infringement proceedings – Detailed opinions issued in the course of a notification procedure under Directive 98/34/EC … Continue reading Izba Gospodarcza Producentow I Operatorow Urza Dzen Rozrywkowych v Commission: ECJ 30 Apr 2020

Saure v Commission (Judgment): ECFI 12 Oct 2022

Access to documents – Regulation (EC) No 1049/2001 – Correspondence from the Commission with AstraZeneca and the German authorities relating to the quantities and delivery times of vaccines against COVID-19 – Exception relating to the protection of court proceedings – Documents having been produced in the context of legal proceedings closed at the time of … Continue reading Saure v Commission (Judgment): ECFI 12 Oct 2022

Muka v Commission (Judgment): ECFI 5 Oct 2022

Access to documents – Regulation (EC) No 1049/2001 – Documents relating to State aid control procedures – Refusal to grant access – Third indent of Article 4(2) of Regulation No 1049/2001 – Exception relating to the protection of the purpose of inspections, investigations and audits – General presumption of non-disclosure – Overriding public interest Citations: … Continue reading Muka v Commission (Judgment): ECFI 5 Oct 2022

Pollinis France v Commission (Access To Documents – Standing Committee for Plants, Animals, Food and Feed – Judgment): ECFI 14 Sep 2022

Access to documents – Regulation (EC) No 1049/2001 – Standing Committee for Plants, Animals, Food and Feed – EFSA guidance document on the risk assessment of plant protection products on bees – Individual positions of the Member States – Refusal to grant access – Article 4(3) of Regulation No 1049/2001 – Exception relating to protection … Continue reading Pollinis France v Commission (Access To Documents – Standing Committee for Plants, Animals, Food and Feed – Judgment): ECFI 14 Sep 2022

Germany v Commission: ECFI 14 Feb 2012

ECFI Access to documents – Regulation (EC) No 1049/2001 – Documents relating to an infringement procedure which has been closed – Documents originating from a Member State – Grant of access – Prior agreement of the Member State Citations: T-59/09, [2012] EUECJ T-59/09 Links: Bailii Statutes: Regulation (EC) No 1049/2001 European Updated: 04 October 2022; … Continue reading Germany v Commission: ECFI 14 Feb 2012

CDC Hydrogene Peroxide v Commission: ECFI 15 Dec 2011

ECFI Access to documents – Regulation (EC) No 1049/2001 – Statement of contents of the administrative file relating to a cartel proceeding – Refusal of access – Exception concerning the protection of the commercial interests of a third party – Exception relating to protection of the purpose of inspections, investigations and audits Judges: Pelikanova R … Continue reading CDC Hydrogene Peroxide v Commission: ECFI 15 Dec 2011

LPN v Commission French Text: ECFI 9 Sep 2011

ECFI Access to documents – Regulation (EC) No 1049/2001 – Refusal of access – documents relating to infringement proceedings under way for a dam project on the river Sabor – Exception relating to the protection of the purpose of inspections, investigations and audits – Environmental information – Regulation (EC) No 1367/2006 – Obligation to make … Continue reading LPN v Commission French Text: ECFI 9 Sep 2011

Saure v Commission (Judgment) 448: ECFI 7 Sep 2022

Access to documents – Regulation (EC) No 1049/2001 – Correspondence from the Commission relating to the quantities and delivery times of BioNTech’s COVID-19 vaccines – Action for annulment – Explicit decision adopted after implicit refusal of access – Absence of lis pendens due to the inadmissibility of another action – Partial refusal of access – … Continue reading Saure v Commission (Judgment) 448: ECFI 7 Sep 2022

Saure v Commission (Judgment) 651: ECFI 7 Sep 2022

Access to documents – Regulation (EC) No 1049/2001 – Correspondence from the Commission relating to the quantities and delivery times of BioNTech’s COVID-19 vaccines – Action for annulment – Explicit decisions adopted after implicit refusal of access – Absence of lis pendens due to the inadmissibility of another appeal – Total and partial refusal of … Continue reading Saure v Commission (Judgment) 651: ECFI 7 Sep 2022

Jordana v Commission: ECFI 7 Jul 2011

ECFI Access to documents – Regulation (EC) No 1049/2001 – Reserve list in an open competition and decisions regarding the appointment of officials – Refusal of access – Exception relating to the protection of privacy and the integrity of the individual – Protection of personal data – Regulation (EC) No 45/2001. Citations: T-161/04, [2011] EUECJ … Continue reading Jordana v Commission: ECFI 7 Jul 2011

Access Info Europe v Council: ECFI 22 Mar 2011

ECFI Access to documents – Regulation (EC) No 1049/2001 – Document concerning an ongoing legislative procedure – Partial refusal of access – Action for annulment – Period allowed for bringing proceedings – Admissibility – Disclosure by a third party – Interest in bringing proceedings not lost – Identification of the Member State delegations which made … Continue reading Access Info Europe v Council: ECFI 22 Mar 2011

Suede/ Mytravel Et Commission (Law Governing The Institutions): ECJ 3 Mar 2011

ECJ Appeal – Access to documents – Regulation (EC) No 1049/2001 – Refusal of access – Exception relating to the protection of the decision-making process – Exception relating to the protection of court proceedings and legal advice – Overriding public interest in disclosure – Documents relating to Commission decisions on concentrations – Acquisition of First … Continue reading Suede/ Mytravel Et Commission (Law Governing The Institutions): ECJ 3 Mar 2011

Ryanair v Commission: ECFI 10 Dec 2010

ECFI Access to documents – Regulation (EC) No 1049/2001 – Documents relating to procedures for reviewing State aid – Implied refusals of access – Express refusals of access – Exception concerning protection of the purpose of inspections, investigations and audits – Duty to carry out a concrete, individual examination. Citations: T-509/08, [2010] EUECJ T-509/08 Links: … Continue reading Ryanair v Commission: ECFI 10 Dec 2010

Association Justice and Environment v Commission: ECFI 23 Jan 2017

ECJ (Judgment) Access to documents – Regulation (EC) No 1049/2001 – Documents relating to an infringement procedure opened by the Commission against the Czech Republic – Refusal of access – Exception concerning the protection of inspections, investigations and audits – General presumption – Overriding public interest – Aarhus Convention – European Convention for the Protection … Continue reading Association Justice and Environment v Commission: ECFI 23 Jan 2017

Energy Solutions EU Ltd v Nuclear Decommissioning Authority: TCC 23 Jan 2014

This litigation concerns the procurement process for a contract in relation to the decommissioning of nuclear installations. The Claimant is a company which provides integrated waste management and decommissioning services for the nuclear industry. Judges: Edwards-Stuart J Citations: [2015] EWHC 73 (TCC), [2015] PTSR 1106, [2015] WLR(D) 41 Links: Bailii, WLRD Jurisdiction: England and Wales … Continue reading Energy Solutions EU Ltd v Nuclear Decommissioning Authority: TCC 23 Jan 2014

Turco and Kingdom of Sweden (supported by Denmark, Finland and The Netherlands) v Council of the European Union (supported by Commission of the European Communities and United Kingdom): ECJ 1 Jul 2008

ECJ Appeals Access to documents of the institutions Regulation (EC) No 1049/2001 Legal opinion. Citations: Times 04-Jul-2008, [2008] EUECJ C-52/05, C-52/05P, C-39/05P Links: Bailii Citing: See Also – Sweden and Turco v Council and Others (Law Governing The Institutions) ECJ 29-Nov-2007 Where a member state submitted documents to a Community institution requesting that such docments … Continue reading Turco and Kingdom of Sweden (supported by Denmark, Finland and The Netherlands) v Council of the European Union (supported by Commission of the European Communities and United Kingdom): ECJ 1 Jul 2008

Franchet And Byk v Commission: ECFI 6 Jul 2006

ECJ Law Governing The Institutions – Access to documents – Regulation (EC) No 1049/2001 – Investigations of the European Anti-Fraud Office (OLAF) – Eurostat – Refusal of access – Inspections and investigations – Court proceedings – Rights of the defence. Citations: T-391/03, [2006] EUECJ T-391/03 Links: Bailii, Bailii Jurisdiction: European Information Updated: 07 July 2022; … Continue reading Franchet And Byk v Commission: ECFI 6 Jul 2006

Verein fur Konsumenteninformation v Commission: ECFI 13 Apr 2005

ECJ Judgment – Access to documents – Regulation (EC) No 1049/2001 – Request relating to a very large number of documents – Total refusal of access – Obligation to carry out a concrete, individual examination – ExceptionsThe claimant a consumer had requested production of documents held by the respondent. It wanted the documents to support … Continue reading Verein fur Konsumenteninformation v Commission: ECFI 13 Apr 2005

Sison v Council (Law Governing The Institutions): ECJ 1 Feb 2007

Europa Appeal Access to documents of the institutions Regulation (EC) No 1049/2001 Exceptions Public interest Public security International relations Documents which have served as the basis for a Council decision establishing restrictive measures directed against certain persons with a view to combating terrorism Sensitive documents Refusal of access Refusal to disclose the identity of the … Continue reading Sison v Council (Law Governing The Institutions): ECJ 1 Feb 2007

Schlyter v Commission: ECFI 16 Apr 2015

ECJ Judgment – Access to documents – Regulation (EC) No 1049/2001 – Article 4(2), third indent – Exception relating to the protection of the purpose of investigations – Regulation (EC) No 1367/2006 – Article 6(1) – Detailed opinion of the Commission concerning a draft Order relating to the annual declaration of nanoparticle substances, notified by … Continue reading Schlyter v Commission: ECFI 16 Apr 2015

Chambre De Commerce and D’Industrie Metropolitaine Bretagne-Ouest (Port De Brest) v Commission: ECFI 19 Sep 2018

(Judgment) Access to documents – Regulation (EC) No 1049/2001 – Documents relating to preliminary investigations into State aid schemes in the port sector of all Member States – Refusal of access – Exception relating to the protection of privacy and the integrity of the individual – Regulation (EC) No 45/2001 – Concept of privacy – … Continue reading Chambre De Commerce and D’Industrie Metropolitaine Bretagne-Ouest (Port De Brest) v Commission: ECFI 19 Sep 2018

Clientearth v Commission: ECJ 4 Sep 2018

Provisions Governing The Institutions – Access To Documents – Judgment – Appeal – Access to documents of the EU institutions – Regulation (EC) No 1049/2001 – Regulation (EC) No 1367/2006 – Impact assessment report, draft impact assessment report and opinion of the Impact Assessment Board – Legislative initiatives in respect of environmental matters – Refusal … Continue reading Clientearth v Commission: ECJ 4 Sep 2018

Rogesa v Commission: ECFI 11 Jul 2018

Judgment – Access to documents – Regulation (EC) No 1049/2001 – Greenhouse gas emission allowance trading scheme – Request for access to information on the determination of the 10% most efficient installations the steel industry – Refusal of access – Exception relating to the protection of the commercial interests of a third party – Higher … Continue reading Rogesa v Commission: ECFI 11 Jul 2018

Clientearth v Commission: ECFI 11 Jul 2018

Access To Documents – Compatibility With Eu Law of Investor – State Dispute Settlement and The Investment Court System – Judgment Access to documents – Regulation (EC) No 1049/2001 – Commission documents relating to the compatibility with EU law of Investor-State Dispute Settlement and the Investment Court System in EU trade agreements – Partial refusal … Continue reading Clientearth v Commission: ECFI 11 Jul 2018

Sison v Council (Law Governing The Institutions) T-150/03: ECFI 26 Apr 2005

Access to documents – Regulation (EC) No 1049/2001 – Documents relating to Council decisions concerning the fight against terrorism – Exceptions relating to the protection of the public interest – Public security – International relations – Partial access – Statement of reasons – Rights of the defence Citations: T-150/03, [2005] EUECJ T-150/03 Links: Bailii Jurisdiction: … Continue reading Sison v Council (Law Governing The Institutions) T-150/03: ECFI 26 Apr 2005

Sison v Council (Law Governing The Institutions) T-110/03: ECFI 26 Apr 2005

Access to documents – Regulation (EC) No 1049/2001 – Documents relating to Council decisions concerning the fight against terrorism – Exceptions relating to the protection of the public interest – Public security – International relations – Partial access – Statement of reasons – Rights of the defence Citations: T-110/03, [2005] EUECJ T-110/03 Links: Bailii Jurisdiction: … Continue reading Sison v Council (Law Governing The Institutions) T-110/03: ECFI 26 Apr 2005

Sison v Council (Law Governing The Institutions) T-405/03: ECFI 26 Apr 2005

Access to documents – Regulation (EC) No 1049/2001 – Documents relating to Council decisions concerning the fight against terrorism – Exceptions relating to the protection of the public interest – Public security – International relations – Partial access – Statement of reasons – Rights of the defence Citations: T-405/03, [2005] EUECJ T-405/03 Links: Bailii Jurisdiction: … Continue reading Sison v Council (Law Governing The Institutions) T-405/03: ECFI 26 Apr 2005

Verein Deutsche Sprache v Commission: ECFI 23 Apr 2018

ECJ Provisions Governing The Institutions – Judgment – Access to documents – Regulation (EC) No 1049/2001 – Documents relating to a Commission decision concerning a change in the appearance of the press room in the Berlaymont building related to the limitation of the display to French and English only English – Partial refusal of access … Continue reading Verein Deutsche Sprache v Commission: ECFI 23 Apr 2018

Huhtamaki v Commission (Access To Documents – State Aid Investigation – Advance Tax Agreements – Judgment): ECFI 2 Mar 2022

Access to documents – Regulation (EC) No 1049/2001 – Documents relating to a State aid investigation – Advance tax agreements – Refusal of access – Exception relating to the protection of the commercial interests of a third party – Exception relating to the protection of the purpose of inspections, investigations and audits – General presumption … Continue reading Huhtamaki v Commission (Access To Documents – State Aid Investigation – Advance Tax Agreements – Judgment): ECFI 2 Mar 2022

Pari Pharma v EMA: ECFI 5 Feb 2018

Provisions Governing The Institutions – Access To Documents – Judgment – Access to documents – Regulation (EC) No 1049/2001 – Documents held by the EMA and submitted in the context of the application for marketing authorisation for the medicinal product Vantobra – Decision to grant a third party access to the documents – Exception relating … Continue reading Pari Pharma v EMA: ECFI 5 Feb 2018

PTC Therapeutics International v EMA: ECFI 5 Feb 2018

Provisions Governing The Institutions – Access To Documents – Judgment – Access to documents – Regulation (EC) No 1049/2001 – Document held by the EMA and submitted in the context of the application for marketing authorisation for the medicinal product Translarna – Decision to grant a third party access to the document – Exception relating … Continue reading PTC Therapeutics International v EMA: ECFI 5 Feb 2018

POA v Commission: ECFI 8 Feb 2018

Provisions Governing The Institutions – Judgment – Access to documents – Regulation (EC) No 1049/2001 – Documents concerning an application for the registration of a name under Regulation (EU) No 1151/2012 – Documents originating from the Commission – Documents originating from a Member State – Article 4(5) of Regulation No 1049/2001 – Refusal to grant … Continue reading POA v Commission: ECFI 8 Feb 2018

Edeka-Handelsgesellschaft Hessenring v Commission: ECFI 5 Feb 2018

Provisions Governing The Institutions – Judgment – Access to documents – Regulation (EC) No 1049/2001 – Table of contents of the Commission file relating to a proceeding under Article 101 TFEU – Refusal of access – Obligation to state reasons – Obligation to inform remedies – Exception relating to the protection of the objectives of … Continue reading Edeka-Handelsgesellschaft Hessenring v Commission: ECFI 5 Feb 2018

Commission v Breyer: ECJ 18 Jul 2017

ECJ (Judgment) Appeal – Access to documents of the institutions – Article 15 (3) TFEU – Regulation (EC) No 1049/2001 – Application for access to the pleadings lodged by the Republic of Austria in connection with the application Commission v Austria (C-189/09, unpublished, EU: C: 2010: 455) – Documents in the possession of the European … Continue reading Commission v Breyer: ECJ 18 Jul 2017

Sweden v Commission C-562/14: ECJ 11 May 2017

ECJ Right of Public Access To Documents : Judgment – Appeal – Right of public access to documents – Regulation (EC) No 1049/2001 – third indent of Article 4(2) – Exceptions to the right of access to documents – Incorrect interpretation – Protection of the purpose of inspections, investigations and audits – Overriding public interest … Continue reading Sweden v Commission C-562/14: ECJ 11 May 2017

Deutsche Telekom v Commission: ECFI 28 Mar 2017

(Judgment : Documents Relating To A Procedure for The Application of The Competition Rules – Refusal To Grant Access) Access to documents – Regulation (EC) No 1049/2001 – Documents relating to a procedure for the application of the competition rules – Refusal to grant access – Duty to state reasons – Exception relating to the … Continue reading Deutsche Telekom v Commission: ECFI 28 Mar 2017

Council of The European Union v Access Info Europe: ECJ 17 Oct 2013

ECJ Appeal – Right of access to documents of the institutions – Regulation (EC) No 1049/2001 – Article 4(3), first subparagraph – Protection of the institutions’ decision-making process – Note from the Council General Secretariat on the proposals submitted in the course of the legislative process for the revision of Regulation No 1049/2001 – Partial … Continue reading Council of The European Union v Access Info Europe: ECJ 17 Oct 2013

Mayer v EFSA: ECFI 17 Feb 2017

ECJ (Judgment) Seconded national expert – EFSA rules on SNEs – Decision not to extend the secondment – Access to documents – Regulation (EC) No 1049/2001 – Refusal to grant access – Exception relating to the protection of privacy and the integrity of the individual – Protection of personal data – Regulation (EC) No 45/2001 … Continue reading Mayer v EFSA: ECFI 17 Feb 2017

Clientearth v Commission: ECJ 16 Jul 2015

ECJ (Judgment : Second Chamber) Appeal – Access to documents of the institutions of the European Union – Regulation (EC) No 1049/2001 – Third indent of Article 4(2) – Environmental information – Aarhus Convention – Article 4(1) and (4) – Exception to right of access – Protection of the purpose of investigations – Studies carried … Continue reading Clientearth v Commission: ECJ 16 Jul 2015

Typke v Commission: ECJ 11 Jan 2017

(Judgment) Appeal – Access to documents of the institutions – Regulation (EC) No 1049/2001 – Article 3 – Notion of document – Article 2(3) – Documents held by an institution – Characterisation of information contained in a database – Obligation to create a document which does not already exist – None – Existing documents capable … Continue reading Typke v Commission: ECJ 11 Jan 2017

EMA v Pari Pharma: ECJ 18 Oct 2016

ECJ Order – Appeal – Order for interim measures – Suspension of operation of a measure challenged before the General Court – Change in circumstances – Access to documents – Regulation (EC) No 1049/2001 – Documents held by the European Medicines Agency (EMA) submitted as part of an application for authorisation to place a medicinal … Continue reading EMA v Pari Pharma: ECJ 18 Oct 2016

Secolux v Commission: ECFI 21 Sep 2016

ECJ (Judgment) Access to documents – Regulation (EC) No 1049/2001 – Documents relating to a tender procedure for a public service contract – Refusal of access – Exception relating to the protection of privacy and the integrity of the individual – Exception relating to the protection of commercial interests – Exception relating to the protection … Continue reading Secolux v Commission: ECFI 21 Sep 2016

Pan Europe v Commission: ECFI 20 Sep 2016

ECJ (Judgment) Access to documents – Regulation (EC) No 1049/2001 – Regulation (EC) No 1367/2006 – Documents relating to endocrine-disrupting chemicals – Partial refusal of access – Exception relating to the decision-making process – Article 4(3) of Regulation No 1049/2001 ECLI:EU:T:2016:519, [2016] EUECJ T-51/15 Bailii Regulation No 1049/2001 European European Updated: 23 January 2022; Ref: … Continue reading Pan Europe v Commission: ECFI 20 Sep 2016

Philip Morris v Commission T-18/15: ECFI 15 Sep 2016

ECFI Judgment – Access to documents – Regulation (EC) No 1049/2001 – Documents drawn up in the context of the preparatory works leading to the adoption of the directive on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products – … Continue reading Philip Morris v Commission T-18/15: ECFI 15 Sep 2016

Philip Morris v Commission T-800/14: ECFI 15 Sep 2016

ECJ Judgment – Access to documents – Regulation (EC) No 1049/2001 – Documents drawn up in the context of the preparatory works leading to the adoption of the directive on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products – … Continue reading Philip Morris v Commission T-800/14: ECFI 15 Sep 2016

Philip Morris v Commission T-796/14: ECFI 15 Sep 2016

ECJ (Judgment) Access to documents – Regulation (EC) No 1049/2001 – Documents drawn up in the context of the preparatory works leading to the adoption of the directive on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products – Refusal … Continue reading Philip Morris v Commission T-796/14: ECFI 15 Sep 2016

Herbert Smith Freehills v Council (Judgment): ECFI 15 Sep 2016

ECJ Access to documents – Regulation (EC) No 1049/2001 – Documents relating to discussions preceding the adoption of the Directive on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products – Refusal to grant access – Exception relating to the … Continue reading Herbert Smith Freehills v Council (Judgment): ECFI 15 Sep 2016

Herbert Smith Freehills v Commission: ECFI 15 Sep 2016

ECJ (Judgment) Access to documents – Regulation (EC) No 1049/2001 – Documents relating to discussions preceding the adoption of the directive on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products – Refusal to grant access – Exception relating to … Continue reading Herbert Smith Freehills v Commission: ECFI 15 Sep 2016

Sea Handling v Commission: ECJ 14 Jul 2016

ECJ (Judgment) Appeals – Right of public access to documents of the institutions of the European Union – Regulation (EC) No 1049/2001 – Article 4, paragraph 2, third indent – Exceptions to the right of access to documents – incorrect interpretation – obligation to state reasons – Documents relating to a State aid control procedure … Continue reading Sea Handling v Commission: ECJ 14 Jul 2016

Bonnafous v Commission: ECFI 26 Mar 2020

(Judgment) Access to documents – Regulation (EC) No 1049/2001 – EACEA human resources audit report – Refusal of access – Exception relating to the protection of the objectives of inspection, investigation and audit T-646/18, [2020] EUECJ T-646/18, ECLI: EU: T: 2020: 120 Bailii European European Updated: 18 January 2022; Ref: scu.654854

International Management Group v Commission: ECFI 26 May 2016

ECJ (Judgment) Access to documents – Regulation (EC) No 1049/2001 – Documents relating to an OLAF investigation – Access refused – Exception concerning the protection of the purpose of inspections, investigations and audits – Obligation to carry out a specific and individual examination – Category of documents T-110/15, [2016] EUECJ T-110/15, ECLI:EU:T:2016:322 Bailii Regulation (EC) … Continue reading International Management Group v Commission: ECFI 26 May 2016

Strack v Commission (Judgment (Extracts)) French Text: ECFI 26 Apr 2016

ECJ Access to documents – Regulation (EC) No 1049/2001 – Documents relating to OLAF’s investigation file – Action for annulment – implicit and explicit refusal of access – Exception relating to the protection of privacy and the individual’s integrity – Exception relating to the protection of commercial interests of a third party – Exception relating … Continue reading Strack v Commission (Judgment (Extracts)) French Text: ECFI 26 Apr 2016

European Medicines Agency v Pari Pharma GmbH (Order): ECJ 17 Mar 2016

ECJ Appeal – Access to documents – Regulation (EC) No 1049/2001 – Documents held by the European Medicines Agency and produced in connection with proceedings concerning an application for a marketing authorisation for a medicinal product – Decision to grant a third party access to those documents – Suspension of operation of that decision – … Continue reading European Medicines Agency v Pari Pharma GmbH (Order): ECJ 17 Mar 2016

Cosepuri Soc. Coop. Pa v European Food Safety Authority: ECFI 29 Jan 2013

ECFI Public service contracts – Tender procedure – Shuttle service in Italy and Europe – Tenderer’s bid rejected – Decision to award the contract to another tenderer – Non-contractual liability – Access to documents – Regulation (EC) No 1049/2001 – Bid of the successful tenderer – Access refused – Exception relating to the protection of … Continue reading Cosepuri Soc. Coop. Pa v European Food Safety Authority: ECFI 29 Jan 2013

Clientearth v European Chemicals Agency (ECHA): ECFI 23 Sep 2015

(Judgment) Access to documents – Regulation (EC) No 1049/2001 – Documents held by ECHA – Documents deriving from a third party – Time-limit for response to an application for access – Refusal of access – Exception relating to protection of the commercial interests of a third party – Exception relating to protection of the decision-making … Continue reading Clientearth v European Chemicals Agency (ECHA): ECFI 23 Sep 2015

Miettinen v Council: ECFI 18 Sep 2015

ECJ Judgment – Access to documents – Regulation (EC) No 1049/2001 – Opinion of the Council’s legal service concerning proposals for a Directive and a Regulation of the European Parliament and of the Council on criminal sanctions for insider dealing and market manipulation – Partial refusal of access – Exception relating to protection of legal … Continue reading Miettinen v Council: ECFI 18 Sep 2015

Dennekamp v Parliament: ECFI 15 Jul 2015

Judgment – Access to documents – Regulation (EC) No 1049/2001 – Documents relating to the affiliation of certain Members of the European Parliament to the additional pension scheme – Refusal to grant access – Exception relating to the protection of privacy and the integrity of the individual – Article 8(b) of Regulation (EC) No 45/2001 … Continue reading Dennekamp v Parliament: ECFI 15 Jul 2015

Typke v Commission: ECFI 2 Jul 2015

ECJ Judgment – Access to documents – Regulation (EC) No 1049/2001 – Documents relating to competition EPSO/AD/230-231/12 – Implied refusal to grant access – Refusal to grant access – Request for modification of the form of order sought submitted in the reply – Time-limit – Withdrawal of the implied decision – No need to adjudicate … Continue reading Typke v Commission: ECFI 2 Jul 2015

McCullough v Cedefop: ECFI 11 Jun 2015

ECJ Judgment – Access to documents – Regulation (EC) No 1049/2001 – Documents relating to the award of public contracts and the conclusion of the ensuing contracts – Request seeking the production of documents in the context of criminal proceedings – Refusal of access – Exception relating to the protection of privacy and the integrity … Continue reading McCullough v Cedefop: ECFI 11 Jun 2015

Technion And Technion Research and Development Foundation v Commission: ECFI 12 May 2015

ECJ Judgment – Access to documents – Regulation (EC) No 1049/2001 – Documents considered in the context of a financial audit of the implementation of certain research contracts under the Sixth Framework Programme for actions research, technological development and demonstration – Refusal of access – Exception relating to the protection of the purpose of inspections, … Continue reading Technion And Technion Research and Development Foundation v Commission: ECFI 12 May 2015

Union De Almacenistas De Hierros De Espana v Commission: ECFI 12 May 2015

ECJ Judgment – Access to documents – Regulation (EC) No 1049/2001 – Documents relating to two national procedures relating to competition – Documents submitted to the Commission by a national competition authority in the framework of cooperation under the provisions of the law of Union – Refusal of access – Exception relating to the protection … Continue reading Union De Almacenistas De Hierros De Espana v Commission: ECFI 12 May 2015

Breyer v Commission: ECFI 27 Feb 2015

ECJ Judgment – Access to documents – Regulation (EC) No 1049/2001 – Pleadings lodged by the Republic of Austria in the context of infringement proceedings before the Court – Refusal of access M. Martins Ribeiro, P ECLI:EU:T:2015:124, T-188/12, [2015] EUECJ T-188/12 Bailii Regulation (EC) No 1049/2001 European Updated: 28 December 2021; Ref: scu.543679

Van Der Aat And Others v Commission: ECFI 11 Dec 2014

ECJ (Judgment) Appeal – Civil service – Officials – Remuneration – Annual adjustment of the remuneration and pensions of officials and other servants – Weighting for officials and agents assigned to Varese – Articles 64-65 bis status – Annex IX status – Regulation (EU) No 1239/2010 – Obligation to state reasons – Access to documents … Continue reading Van Der Aat And Others v Commission: ECFI 11 Dec 2014

Saint-Gobain Glass Deutschland v Commission: ECFI 11 Dec 2014

ECJ (Judgment) Access to documents – Regulation (EC) No 1049/2001 – Regulation (EC) No 1367/2006 – Documents relating to the applicant’s facilities in Germany and involved in the trading system of greenhouse gas emission allowances Greenhouse – Partial refusal of access – Environmental Information – Article 6, paragraph 1, second sentence, of Regulation No 1367/2006 … Continue reading Saint-Gobain Glass Deutschland v Commission: ECFI 11 Dec 2014

Tuifly v Commission (Judgment): ECFI 29 Sep 2021

Access to documents – Regulation (EC) No 1049/2001 – Documents relating to the State aid control procedure – Refusal of access – Exception relating to the protection of the objectives of inspection, investigation and ‘audit – Exception relating to the protection of the commercial interests of a third party – Outstanding public interest T-619/18, [2021] … Continue reading Tuifly v Commission (Judgment): ECFI 29 Sep 2021

Schenker v Commission: ECFI 7 Oct 2014

ECJ Judgment – Access to documents – Regulation (EC) No 1049/2001 – Administrative Record and final – Commission decision concerning a cartel, non-confidential version of the decision – Refusal of access – Obligation to carry out a concrete, individual examination – Exception on the protection of commercial interests of a third party – Exception relating … Continue reading Schenker v Commission: ECFI 7 Oct 2014

Spirlea v Commission: ECFI 25 Sep 2014

ECFI Judgment – Access to documents – Regulation (EC) No 1049/2001 – Document issued by Germany as part of an EU Pilot procedure – Article 4, paragraphs 4 and 5 – Article 4, paragraph 2, third indent – Refusal access – Breach of essential procedural requirements – Duty to carry out a concrete, individual examination … Continue reading Spirlea v Commission: ECFI 25 Sep 2014

Mastercard and Others v Commission: ECFI 9 Sep 2014

ECJ Judgment – Access to documents – Regulation (EC) No 1049/2001 – Documents relating to a study of the costs and benefits to merchants of accepting different payment methods – Documents drawn up by a third party – Refusal of access – Exception relating to the protection of the decision-making process – Exception relating to … Continue reading Mastercard and Others v Commission: ECFI 9 Sep 2014

Sweden v API and Commission (Law Governing The Institutions): ECJ 1 Oct 2009

Europaa Appeals – Right of access to documents of the institutions – Pleadings lodged by the Commission in proceedings before the Court of Justice and the Court of First Instance. C-514/07, [2009] EUECJ C-514/07 – O Bailii European Cited by: Opinion – Sweden v API and Commission (Law Governing The Institutions) ECJ 21-Sep-2010 ECJ (Grand … Continue reading Sweden v API and Commission (Law Governing The Institutions): ECJ 1 Oct 2009