Judgment of the Court (First Chamber) of 19 December 2019 — European Central Bank v Espírito Santo Financial (Portugal), SGPS, SA

(Case C-442/18 P) (1)

(Appeal - Refusal to grant access to decisions of the Governing Council of the European Central Bank (ECB) - Protocol on the Statute of the European System of Central Banks and of the ECB - Article 10.4 - Confidentiality of the proceedings of meetings - Outcome of deliberations - Possibility of disclosure - Decision 2004/258/EC - Access to ECB documents - Article 4(1)(a) - Confidentiality of proceedings - Undermining of the protection of the public interest)

(2020/C 61/10)

Language of the case: English

Parties

Appellant: European Central Bank (represented by: F. Malfrère and M. Ioannidis, acting as Agents, and by H.-G. Kamann, Rechtsanwalt)

Other party to the proceedings: Espírito Santo Financial (Portugal), SGPS, SA (represented by: L. Soares Romão, J. Shearman de Macedo and D. Castanheira Pereira, advogados)

Operative part of the judgment

The Court:

Sets aside point 1 of the operative part of the judgment of the General Court of the European Union of 26 April 2018, Espírito Santo Financial (Portugal) v ECB (T-251/15, EU:T:2018:234), in so far as, by that point, the General Court annulled the decision of the European Central Bank (ECB) of 1 April 2015 partially refusing access to certain documents relating to the ECB’s decision of 1 August 2014 concerning Banco Espírito Santo SA in so far as, by that decision, the ECB refused to disclose the amount of credit indicated in the extracts from the minutes recording the decision of the Governing Council of the ECB of 28 July 2014;

2.	Dismisses the appeal as to the remainder;

Dismisses the action brought by Espírito Santo Financial (Portugal), SGPS, SA in so far as it seeks annulment of the decision of the European Central Bank (ECB) of 1 April 2015 partially refusing access to certain documents relating to the ECB’s decision of 1 August 2014 concerning Banco Espírito Santo SA in so far as, by that decision, the ECB refused to disclose the amount of credit indicated in the extracts from the minutes recording the decision of the Governing Council of the ECB of 28 July 2014;

4.	Orders Espírito Santo Financial (Portugal), SGPS, SA to bear its own costs and to pay one third of those incurred by the European Central Bank (ECB) in the present appeal and in the proceedings at first instance;

5.	Orders the European Central Bank (ECB) to bear two thirds of its own costs relating to the present appeal and to the proceedings at first instance.

(1) OJ C 445, 10.12.2018.