This document is an excerpt from the EUR-Lex website
Document 62017TJ0312
Judgment of the General Court (Eighth Chamber) of 5 December 2018.
Liam Campbell v European Commission.
Access to documents — Regulation (EC) No 1049/2001 — Documents concerning an infringement procedure brought by the Commission against the Republic of Lithuania — Refusal of access — Exception relating to the protection of inspections, investigations and audits — General presumption — Overriding public interest.
Case T-312/17.
Judgment of the General Court (Eighth Chamber) of 5 December 2018.
Liam Campbell v European Commission.
Access to documents — Regulation (EC) No 1049/2001 — Documents concerning an infringement procedure brought by the Commission against the Republic of Lithuania — Refusal of access — Exception relating to the protection of inspections, investigations and audits — General presumption — Overriding public interest.
Case T-312/17.
Court reports – general
Judgment of the General Court (Eighth Chamber) of 5 December 2018 –
Campbell v Commission
(Case T‑312/17)
(Access to documents — Regulation (EC) No 1049/2001 — Documents concerning an infringement procedure brought by the Commission against the Republic of Lithuania — Refusal of access — Exception relating to the protection of inspections, investigations and audits — General presumption — Overriding public interest)
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EU institutions — Right of public access to documents — Regulation No 1049/2001 — Exceptions to the right of access to documents — Strict interpretation and application — Obligation to make a specific and individual examination for documents covered by an exception — Scope (European Parliament and Council Regulation No 1049/2001, Recital 4 and Arts 1 and 4) (see paras 23, 25) |
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EU institutions — Right of public access to documents — Regulation No 1049/2001 — Exceptions to the right of access to documents — Protection of the purpose of inspections, investigations and audits — Scope — Application to the documents in the Commission’s administrative file concerning an ongoing infringement procedure — Included (European Parliament and Council Regulation No 1049/2001, Art. 4(2), third indent) (see para. 26) |
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EU institutions — Right of public access to documents — Regulation No 1049/2001 — Exceptions to the right of access to documents — Refusal to grant access — Obligation to state reasons — Scope — Possibility of relying on general presumptions applicable to certain categories of documents — Limits (European Parliament and Council Regulation No 1049/2001, Art. 4(2)) (see paras 27, 28, 57) |
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EU institutions — Right of public access to documents — Regulation No 1049/2001 — Exceptions to the right of access to documents — Protection of the purpose of inspections, investigations and audits — Application to documents concerning a procedure for failure to fulfil obligations during the pre-litigation phase of the latter — General presumption that the exception applies to the right of access to all the documents on the administrative file — Whether permissible — Need for the applicability of specific legislation providing for a more restrictive framework than that of Regulation No 1049/2001 for the disclosure of the documents requested — Absence (European Parliament and Council Regulation No 1049/2001, Art. 4(2), third indent) (see paras 29, 30, 33, 37-39) |
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EU institutions — Right of public access to documents — Regulation No 1049/2001 — Exceptions to the right of access to documents — Protection of the purpose of inspections, investigations and audits — Reliance on a general presumption that the exception applies to the documents requested — Effects of applying the presumption — Disclosure of the content in part — Not included (European Parliament and Council Regulation No 1049/2001, Art. 4(2), third indent) (see para. 47) |
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EU institutions — Right of public access to documents — Regulation No 1049/2001 — Exceptions to the right of access to documents — Protection of the purpose of inspections, investigations and audits — Overriding public interest justifying the disclosure of documents — Reliance on the principle of transparency and on the right of the public to be informed of the work of the institutions — Need to put forward particular considerations in relation to the case (European Parliament and Council Regulation No 1049/2001, Art. 4(2), third indent) (see paras 58, 59, 64) |
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EU institutions — Right of public access to documents — Regulation No 1049/2001 — Exceptions to the right of access to documents — Overriding public interest justifying the disclosure of documents — Concept — Subjective interest of the person concerned in defending himself — Not included (European Parliament and Council Regulation No 1049/2001, Art. 4(2)) (see paras 60, 62) |
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EU institutions — Obligations — Cooperation in good faith — Scope — Possibility for the national court to ask the Commission for information regarding the infringement procedure for the purpose of examining the question of any infringement of fundamental rights (Art. 4(3) TEU) (see para. 63) |
Re:
Application under Article 263 TFEU for annulment of Commission Decision C(2017) 2448 final of 7 April 2017 refusing access to documents relating to infringement procedure 2013/0406 against the Republic of Lithuania regarding the application of Directive 2010/64/EU of the European Parliament and of the Council of 20 October 2010 on the right to interpretation and translation in criminal proceedings (OJ 2010 L 280, p.1).
Operative part
The Court:
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Dismisses the action; |
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Orders Mr Liam Campbell and the European Commission each to bear their own costs. |