Judgment of the General Court (Sixth Chamber) of 26 April 2018

European UnionInstitutionsRight of public access to documentsDecision 2004/258 of the European Central BankTime-limit prescribed for replying to a confirmatory request for accessExtensionConditions

(Decision of the European Central Bank 2004/258, Art. 8(1) and (2))

(see para. 29)

Actions for annulmentNatural or legal personsInterest in bringing proceedingsAction brought against an implicit rejection decision of an institution concerning an application for access to documentsDecision withdrawn due to the adoption of a subsequent express decision by the institutionApplicant having brought, in the alternative, an action against the latter decisionNo longer any (legal) interest in bringing proceedings

(Art. 263 TFEU; Decision of the European Central Bank 2004/258)

(see paras 30-35)

Acts of the institutionsStatement of reasonsObligationScopeAssessment of the duty to state reasons by reference to the circumstances of the case

(Art. 296, second para., TFEU)

(see paras 46, 47)

EU institutionsRight of public access to documentsDecision 2004/258 of the European Central BankExceptions to the right of access to documentsDecision refusing accessObligation to state reasonsScopeRequest for access to the decisions taken by the Governing Council and to the minutes recording themDecision of refusalInsufficient statement of reasons

(Art. 296, second para., TFEU; Decision of the European Central Bank 2004/258, Art. 4)

(see paras 54-56, 73-81, 124)

EU institutionsRight of public access to documentsDecision 2004/258 of the European Central BankExceptions to the right of access to documentsProtection of the public interest concerning the financial, monetary or economic policy of the EU or a Member State or the financial situation of the ECB or national central banksProtection of the public interest concerning the stability of the financial system in the EU or in a Member StateDiscretion of the ECB

(Art. 296, second para., TFEU; Decision of the European Central Bank 2004/258, Art. 4(1)(a))

(see paras 90,187)

EU institutionsRight of public access to documentsDecision 2004/258 of the European Central BankExceptions to the right of access to documentsDecision refusing accessObligation to state reasonsScopeRequirement that the risk be of a specific nature and foreseeable

(Decision of the European Central Bank 2004/258, Art. 4(1))

(see paras 91, 93-97, 139-144)

Acts of the institutionsStatement of reasonsObligationScopeDecision upholding an initial decision

(Art. 296, second para., TFEU)

(see para. 180)

Re:

Application pursuant to Article 263 TFEU for the annulment, on the one hand, of the ECB’s decision of 1 April 2015 refusing in part to disclose certain documents relating to its decision of 1 August 2014 concerning Banco Espírito Santo SA and, on the other hand, of the implied decision refusing to grant access to those documents.

Operative part

The Court:

Annuls the decision of the European Central Bank (ECB) of 1 April 2015 partially refusing to disclose certain documents relating to the ECB’s decision of 1 August 2014 concerning Banco Espírito Santo SA, in so far as it refuses to disclose the amount of credit indicated in the extracts of the minutes recording the decision of the Governing Council of the ECB of 28 July 2014 and the information redacted from the proposals of the Executive Board of the ECB of 28 July and 1 August 2014;

Dismisses the action as to the remainder;

Orders Espírito Santo Financial (Portugal), SGPS, SA and the ECB to bear their own costs.