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Document 62015TA0540
Case T-540/15: Judgment of the General Court of 22 March 2018 — De Capitani v Parliament (Access to documents — Regulation (EC) No 1049/2001 — Documents concerning an ongoing legislative procedure — Trilogues — Four-column tables relating to the Proposal for a Regulation of the European Parliament and of the Council on Europol and repealing Decisions 2009/371/JAI and 2005/681/JAI — Partial refusal of access — Action for annulment — Interest in bringing proceedings — Admissibility — First subparagraph of Article 4(3) of Regulation No 1049/2001 — Exception relating to the protection of the decision-making process — No general presumption that access should be refused to four-column tables drawn up for the purposes of trilogues)
Case T-540/15: Judgment of the General Court of 22 March 2018 — De Capitani v Parliament (Access to documents — Regulation (EC) No 1049/2001 — Documents concerning an ongoing legislative procedure — Trilogues — Four-column tables relating to the Proposal for a Regulation of the European Parliament and of the Council on Europol and repealing Decisions 2009/371/JAI and 2005/681/JAI — Partial refusal of access — Action for annulment — Interest in bringing proceedings — Admissibility — First subparagraph of Article 4(3) of Regulation No 1049/2001 — Exception relating to the protection of the decision-making process — No general presumption that access should be refused to four-column tables drawn up for the purposes of trilogues)
Case T-540/15: Judgment of the General Court of 22 March 2018 — De Capitani v Parliament (Access to documents — Regulation (EC) No 1049/2001 — Documents concerning an ongoing legislative procedure — Trilogues — Four-column tables relating to the Proposal for a Regulation of the European Parliament and of the Council on Europol and repealing Decisions 2009/371/JAI and 2005/681/JAI — Partial refusal of access — Action for annulment — Interest in bringing proceedings — Admissibility — First subparagraph of Article 4(3) of Regulation No 1049/2001 — Exception relating to the protection of the decision-making process — No general presumption that access should be refused to four-column tables drawn up for the purposes of trilogues)
OJ C 161, 7.5.2018, p. 46–46
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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7.5.2018 |
EN |
Official Journal of the European Union |
C 161/46 |
Judgment of the General Court of 22 March 2018 — De Capitani v Parliament
(Case T-540/15) (1)
((Access to documents - Regulation (EC) No 1049/2001 - Documents concerning an ongoing legislative procedure - Trilogues - Four-column tables relating to the Proposal for a Regulation of the European Parliament and of the Council on Europol and repealing Decisions 2009/371/JAI and 2005/681/JAI - Partial refusal of access - Action for annulment - Interest in bringing proceedings - Admissibility - First subparagraph of Article 4(3) of Regulation No 1049/2001 - Exception relating to the protection of the decision-making process - No general presumption that access should be refused to four-column tables drawn up for the purposes of trilogues))
(2018/C 161/50)
Language of the case: English
Parties
Applicant: Emilio De Capitani (Brussels, Belgium) (represented by: O. Brouwer, J. Wolfhagen and E. Raedts, lawyers)
Defendant: European Parliament (represented initially by: N. Görlitz, A. Troupiotis and C. Burgos, and subsequently by N. Görlitz, C. Burgos and I. Anagnostopoulou, acting as Agents)
Interveners in support of the defendant: Council of the European Union (represented by: E. Rebasti, B. Driessen and J.-B. Laignelot, acting as Agents) and European Commission (represented by: J. Baquero Cruz and F. Clotuche-Duvieusart, acting as Agents)
Re:
Application pursuant to Article 263 TFEU seeking annulment of Decision A(2015) 4931 of the European Parliament of 8 July 2015, refusing to grant the applicant full access to the documents LIBE-2013-0091-02 and LIBE-2013-0091-03.
Operative part of the judgment
The Court:
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1. |
Annuls Decision A(2015) 4931 of the European Parliament of 8 July 2015 in so far as it refuses to grant Mr Emilio De Capitani full access to documents LIBE-2013-0091-02 and LIBE-2013-0091-03; |
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2. |
Orders the Parliament to bear its own costs and to pay those incurred by Mr De Capitani; |
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3. |
Orders the Council of the European Union and the European Commission to bear their own costs. |