Source: All England Reporter
Publisher Citation: [2005] All ER (D) 116 (Apr)
Court: Court of First Instance of the European Communities (First Chamber, Extended Composition)
Judge:

Judges Vesterdorf (President), Jaeger, Mengozzi, Martins Ribeiro and Labucka

Judgment Dates: 13 April 2005

Catchwords

European Communities - Commission - Documents - Public access - Documents relating to court proceedings - Commission decision confirming rejection of applicant's request for access to Commission's administrative file - Annulment of decision - Parliament and Council Regulation (EEC) 1049/2001 - Commission Decision D (2002) 330472.

The Case

Where the Commission had rejected the applicant's request for access to an administrative file, pursuant to Parliament and Council Regulation (EC) 1049-2001 (regarding public access to European Parliament, Council and Commission documents), it had erred in law in failing to carry out a concrete examination of the documents referred to in the applicant's request, and in infringing the applicant's right to partial access of that file. Commission Decision D (2002) 330472 confirming that rejection would, accordingly, be annulled.

Practice Areas

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