Access to documents Regulation (EC) No 1049/2001 Partial refusal of access Documents relating to a contract concluded under the TACIS programme Request for access concerning a dispute between the applicant and the Commission before a Belgian civil court Request for access based on the principles deriving from the EU Treaty Overriding public interest
Sumário
Judgment of the General Court (Seventh Chamber) of 21 October 2010.
Dieter C. Umbach v European Commission.
Access to documents - Regulation (EC) No 1049/2001 - Documents relating to a contract concluded under the TACIS programme - Request for access concerning a dispute between the applicant and the Commission before a Belgian civil court - Partial refusal of access - Request for access based on the principles deriving from the EU Treaty - Overriding public interest.
Case T-474/08.
Texto da decisão
Judgment of the General Court (Seventh Chamber) of 21 October 2010 – Umbach v Commission
(Case T-474/08)
Access to documents – Regulation (EC) No 1049/2001 – Documents relating to a contract concluded under the TACIS programme – Request for access concerning a dispute between the applicant and the Commission before a Belgian civil court – Partial refusal of access – Request for access based on the principles deriving from the EU Treaty – Overriding public interest
1. Actions for annulment – Actionable measures – Concept – Measures producing binding legal effects – Silence or inaction of an institution – Assimilation to an implied decision of refusal – Not included – Limits (Art. 230 EC) (see paras 35-36)
2. European Communities – Institutions – Right of public access to documents – Regulation (EC) No 1049/2001 – Exceptions to the right of access to documents – Overriding public interest justifying the disclosure of documents – Concept – Individual interest of the applicant – Not included (European Parliament and Council Regulation No 1049/2001, Arts 2(1) and 4(2)) (see paras 56, 58-59, 71)
Re:
| APPLICATION for annulment of the Commission’s decision of 2 September 2008 refusing the applicant access to certain data in documents concerning a contract headed ‘TACIS Service Contract No 98.0414’ relating to assistance in the drafting of an administrative code for the Russian Federation. |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Mr Dieter C. Umbach to pay the costs. |