Judgment of the General Court of 6 October 2021 — Aeris Invest v ECB

(Case T-827/17) (1)

(Access to documents - Decision 2004/258/EC - Documents related to the adoption of a resolution scheme in respect of Banco Popular Español - Partial refusal to grant access - Exception relating to the protection of the confidentiality of the proceedings of the ECB’s decision-making bodies - Document reflecting the outcome of the proceedings of the ECB’s decision-making bodies - Obligation to state reasons - Exception relating to the protection of the financial, monetary or economic policy of the European Union or of a Member State - Exception relating to the protection of the confidentiality of information that is protected as such under EU law - Concept of confidential information - General presumption of confidentiality - Exemptions from the obligation of professional secrecy - Article 47 of the Charter of Fundamental Rights)

(2021/C 490/27)

Language of the case: Spanish

Parties

Applicant: Aeris Invest Sàrl (Luxembourg, Luxembourg) (represented by: R. Vallina Hoset and E. Galán Burgos, lawyers)

Defendant: European Central Bank (represented by: T. Filipova, D. Báez Seara and F. von Lindeiner, acting as Agents, and M. Kottmann, lawyer)

Interveners in support of the defendant: European Commission (represented by: É. Gippini Fournier, J. Rius, C. Ehrbar and A. Steiblytė, acting as Agents), Banco Santander, SA (Santander, Spain) (represented by: J. Rodríguez Cárcamo and A. Rodríguez Conde, lawyers)

Re:

Action pursuant to Article 263 TFEU for annulment of the ECB’s decisions LS/MD/17/405, LS/MD/17/406 and LS/MD/17/419, of 7 November 2017, refusing full access to certain documents related to the adoption of a resolution scheme in respect of Banco Popular Español, SA.

Operative part of the judgment

The Court:

1.	Annuls Decision LS/MD/17/406 of the European Central Bank (ECB) of 7 November 2017 in so far as it refuses access to the outcome of the vote in the Governing Council of the ECB contained in the minutes of the 447th meeting of the Governing Council of the ECB;

2.	Dismisses the remainder of the application;

3.	Orders Aeris Invest Sàrl to bear its own costs and to pay two thirds of the costs incurred by the ECB;

4.	Orders the ECB to bear one third of its own costs;

5.	Orders the European Commission and Banco Santander, SA to bear their own costs.

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(1)  OJ C 63, 19.2.2018.