Source: All England Reporter
Publisher Citation: [2016] All ER (D) 103 (Oct)
Court: General Court of the European Union (Eighth Chamber)

Judges Gratsia (President), Kancheva and Wetter (Rapporteur)

Judgment Dates: 15 September 2016


European Union - EU Institutions - Access to information - Public access to documents - Applicant limited liability partnership requesting access to certain documents in possession of Council of the European Union - Documents relating to discussions preceding adoption of new directive on laws, regulations and administrative provisions of member states concerning manufacture, presentation and sale of tobacco and related products - Council refusing to grant applicant access to any of documents requested - || Council claiming documents to which access refused falling within exception relating to protection of legal advice - Whether Council's decision should be annulled - , art 4(2).

The Case

European Union EU Institutions. The General Court of Justice of the European Union dismissed the action brought by Herbert Smith Freehills LLP for annulment of Decision 18-c-01-14 of the Council of the European Union, refusing access to certain documents relating to the adoption of of the European Parliament and of the Council. The General Court held that the Council had been correct in its views that the documents at issue concerned legal advice within the meaning of the second indent of of Regulation (EC) No 1049-2001 and that there was no overriding public interest in their disclosure.

Practice Areas

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