Judgment of the General Court (First Chamber) of 9 October 2018
Judgment of the General Court (First Chamber) of 9 October 2018
Data
- Court
- General Court
- Case date
- 9 oktober 2018
Verdict
Judgment of the General Court (First Chamber) of 9 October 2018 –
Erdősi Galcsikné v Commission
(Case T‑632/17)
"(Access to documents - Regulation (EC) No 1049/2001 - Documents relating to EU Pilot procedure No 8572/16 CHAP(2015) 00353 - Refusal of access - Article 4(2) third indent of Regulation No 1049/2001 - Exception relating to protection of the purpose of investigations - General presumption of confidentiality - Overriding public interest)"
Action for annulmentActionable measuresConceptDecision refusing access to documents of an institution following a confirmatory applicationIncluded
(Art. 263 TFEU; European Parliament and Council Regulation No 1049/2001, Art. 8)
(see para. 15)
Action for annulmentJurisdiction of the EU judicatureClaim seeking that directions be issued to an institutionAccess to documentsInadmissibility
(Art. 263 TFEU)
(see para. 16)
Actions for failure to fulfil obligationsRight of the Commission to bring judicial proceedingsEstablishment of the EU Pilot mechanism to detect possible failures to fulfil obligations under EU lawPurpose
(Art. 258 TFEU)
(see paras 26, 27)
EU institutionsRight of public access to documentsRegulation No 1049/2001Exceptions to the right of access to documentsProtection of the purpose of inspections, investigations and auditsApplication to documents concerning an EU Pilot procedureGeneral presumption that the exception to the right of access appliesLimitsRebuttable
(European Parliament and Council Regulation No 1049/2001, Art. 4(2), 3rd indent)
(see paras 28-31, 39)
EU institutionsRight of public access to documentsRegulation No 1049/2001Exceptions to the right of access to documentsProtection of the purpose of inspections, investigations and auditsOverriding public interest justifying the disclosure of documentsInvocation of the principle of transparencyNeed to put forward particular considerations in relation to the case
(European Parliament and Council Regulation No 1049/2001, Art. 4(2), 3rd indent)
(see paras 40, 41)
EU institutionsRight of public access to documentsRegulation No 1049/2001Exceptions to the right of access to documentsProtection of the purpose of inspections, investigations and auditsOverriding public interest justifying the disclosure of documentsMeaningInterest in obtaining disclosure of documents relating to an EU Pilot procedure in progress concerning the compatibility of national rules with EU law in order to ensure compliance with that law in the Member State concernedNot included
(European Parliament and Council Regulation No 1049/2001, Art. 4(2), 3rd indent)
(see paras 44-48)
EU institutionsRight of public access to documentsRegulation No 1049/2001Exceptions to the right of access to documentsOverriding public interest justifying the disclosure of documentsDistinction from the principle of transparency
(European Parliament and Council Regulation No 1049/2001, Art. 4(2))
(see para. 49)
Re:
Application on the basis of Article 263 TFEU seeking the annulment of the decisions of the Commission of 1 June and 17 July 2017 refusing to grant the applicant access to documents relating to EU Pilot procedure No 8572/16 CHAP(2015) 00353.
Operative part
The Court:
Dismisses the action;
Orders Éva Erdősi Galcsikné to bear her own costs and to pay those incurred by the European Commission;
Orders Hungary to bear its own costs.