Criminal Proceedings Against Zwartveld and Others: ECJ 13 Jul 1990

Europa European Communities – Institutions – Obligations – Duty to cooperate with national authorities acting to ensure respect for Community law – Implementation – Disclosure of documents and authorization of officials to give evidence – Legitimate grounds of refusal – Review by the Court
The Community institutions’ duty of sincere cooperation with the judicial authorities of the Member States which are responsible for ensuring that Community law is applied and respected in the national legal system does not preclude a refusal to disclose documents or to authorize officials to give evidence where there are legitimate grounds relating to the protection of the rights of third parties or where there may be interference with the functioning and independence of the Communities. In the case of such refusal the institution concerned must provide the Court with the information required to allow it to decide whether the refusal is justified.


C-2/88, [1990] EUECJ C-2/88I, [1990] ECR I-3365


Bailii, Bailii

Cited by:

CitedCommission v Council (Police And Judicial Cooperation In Criminal Matters) ECJ 13-Sep-2005
The Commission sought anullment of Council Framework Decision 2003/80/JHA on the protection of the environment through criminal law. The framework decision laid down a number of environmental offences, in respect of which the Member States are . .
CitedBarron and Others v Collins QBD 16-May-2016
The defendant MEP sought an order staying the defamation action brought against her by four MPs from the Rotherham area. She said that as an MEP she had a procedural immunity. She had informed the European Commission that she sought the protection . .
Lists of cited by and citing cases may be incomplete.


Updated: 23 May 2022; Ref: scu.134782