This document is an excerpt from the EUR-Lex website
Document 62011TO0603
Ecologistas en Acción v Commission
Ecologistas en Acción v Commission
Keywords
Subject of the case
Operative part
Keywords
Institutions of the European Union — Right of public access to documents — Regulation No 1049/2001 — Exceptions to the right of access to documents — Documents originating from a Member State — Power of the Member State to request the institution not to disclose documents — Competence of the institution — Review of the merit of the refusal of access having regard to the exceptions set out in that regulation — Scope — Obligation to state reasons (European Parliament and Council Regulation No 1049/2001, Arts 4(1) to (3) and 5, 7 and 8) (see paras 33, 34, 38-44, 47)
2. Institutions of the European Union — Right of public access to documents — Regulation No 1049/2001 — Exceptions to the right of access to documents — Protection of court proceedings — Scope (European Parliament and Council Regulation No 1049/2001, Art. 4(2), second indent) (see paras 63, 64)
3. Institutions of the European Union — Right of public access to documents — Regulation No 1049/2001 — Exceptions to the right of access to documents — Protection of court proceedings — Overriding public interest justifying the disclosure of documents — Concept — Subjective interest of the person concerned to participate in a national decision-making procedure — Exclusion (European Parliament and Council Regulation No 1049/2001, Art. 4(2), second indent) (see paras 72, 74-76)
Subject of the case
Re:
APPLICATION for annulment of the Commission’s decision of 23 September 2011 refusing to grant the applicant access to certain documents concerning approval of the project to construct a port in Granadilla (Tenerife, Spain), sent by the Spanish authorities to the Commission pursuant to Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ 1992 L 206, p. 7).
Operative part
Operative part
1. The action is dismissed.
2. Ecologistas en Acción-CODA is ordered to bear its own costs and to pay those incurred by the European Commission.
3. The Kingdom of Spain is ordered to bear its own costs.
Order of the General Court (Seventh Chamber) of 27 March 2014 — Ecologistas en Acción-CODA v Commission
(Case T‑603/11)
‛Access to documents — Regulation (EC) No 1049/2001 — Documents relating to the carrying out of an industrial project on a site protected under Directive 92/43/EEC — Documents originating from a Member State — Opposition by the Member State — Refusal of access — Exception relating to the protection of the purpose of inspections, investigations and audits — Exception relating to the protection of court proceedings — Environmental information — Regulation (EC) No 1367/2006 — Action manifestly lacking any foundation in law’
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1. |
Institutions of the European Union — Right of public access to documents — Regulation No 1049/2001 — Exceptions to the right of access to documents — Documents originating from a Member State — Power of the Member State to request the institution not to disclose documents — Competence of the institution — Review of the merit of the refusal of access having regard to the exceptions set out in that regulation — Scope — Obligation to state reasons (European Parliament and Council Regulation No 1049/2001, Arts 4(1) to (3) and 5, 7 and 8) (see paras 33, 34, 38-44, 47) |
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2. |
Institutions of the European Union — Right of public access to documents — Regulation No 1049/2001 — Exceptions to the right of access to documents — Protection of court proceedings — Scope (European Parliament and Council Regulation No 1049/2001, Art. 4(2), second indent) (see paras 63, 64) |
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3. |
Institutions of the European Union — Right of public access to documents — Regulation No 1049/2001 — Exceptions to the right of access to documents — Protection of court proceedings — Overriding public interest justifying the disclosure of documents — Concept — Subjective interest of the person concerned to participate in a national decision-making procedure — Exclusion (European Parliament and Council Regulation No 1049/2001, Art. 4(2), second indent) (see paras 72, 74-76) |
Re:
APPLICATION for annulment of the Commission’s decision of 23 September 2011 refusing to grant the applicant access to certain documents concerning approval of the project to construct a port in Granadilla (Tenerife, Spain), sent by the Spanish authorities to the Commission pursuant to Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ 1992 L 206, p. 7).
Operative part
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1. |
The action is dismissed. |
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2. |
Ecologistas en Acción-CODA is ordered to bear its own costs and to pay those incurred by the European Commission. |
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3. |
The Kingdom of Spain is ordered to bear its own costs. |