Judgment of the General Court of 6 February 2020 — Compañía de Tranvías de la Coruña v Commission

(Case T-485/18) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Commission documents relating to the interpretation of a provision of EU law - Documents originating from a third party - Documents originating from a Member State - Regulation (EC) No 1370/2007 - Partial refusal to grant access - Total refusal to grant access - Obligation to state reasons - Exception relating to the protection of court proceedings - Overriding public interest)

(2020/C 95/28)

Language of the case: English

Parties

Applicant: Compañía de Tranvías de la Coruña, SA (Corunna, Spain) (represented by: J. Monrabà Bagan, lawyer)

Defendant: European Commission (represented by: W. Mölls and C. Ehrbar, acting as Agents)

Re:

Application under Article 263 TFEU for annulment of the Commission’s decision of 7 June 2018 refusing, partially or totally, to grant the applicant access to documents relating to the Commission’s opinion sent to the French Republic concerning the fact that the metro lines contract is valid until 2039.

Operative part of the judgment

The Court:

Annuls the decision of the European Commission of 7 June 2018 refusing, partially or totally, to grant Compañía de Tranvías de la Coruña, SA, access to documents relating to the Commission’s opinion sent to the French Republic concerning the fact that the metro lines contract is valid until 2039, in so far as it refused in part to grant access to the data other than personal data contained in the letter of 25 October 2010 sent by the Commission to the French authorities and in the letters of 27 July 2012 and 5 June 2013 sent by the Vice-President of the Commission, Mr Kallas, to the RATP;

2.	Dismisses the action as to the remainder;

3.	Orders the Commission to bear its own costs and to pay one fifth of the costs incurred by Compañía de Tranvías de la Coruña;

4.	Orders Compañía de Tranvías de la Coruña to bear four fifths of its own costs.

(1) OJ C 381, 22.10.2018.