Action brought on 23 March 2021 — Saure v Commission

(Case T-154/21)

(2021/C 189/22)

Language of the case: German

Parties

Applicant: Hans-Wilhelm Saure (Berlin, Germany) (represented by: C. Partsch, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—

annul the Commission’s decision refusing to grant the applicant’s request to access Commission documents, reference GestDem 2021/0592, through the issuing of copies of

all minutes, summaries, memoranda, notes, files from meetings, negotiations, decisions, proposals, transcripts, emails, letters, records of telephone calls — in particular regarding advance purchase agreements — and specific contracts with pharmaceutical companies for the delivery of COVID-19 vaccines to combat the COVID-19 pandemic drawn up by the ‘Steering Committee’ and ‘Joint Negotiations Team’. By ‘advance purchase agreements’ we understand every contract for the purchase, delivery, securing, reservation, or development of COVID-19 vaccines for EU Member States.

—	order the Commission to pay the costs of the proceedings.

Pleas in law and main arguments

In support of the action, the applicant relies on the following pleas in law.

1.	First plea in law: The applicant claims that he is entitled to access the European Commission documents at issue in accordance with Article 2(1) of Regulation (EC) No 1049/2001. (1) The Commission’s refusal to grant access infringes that provision.

2.	Second plea in law: It is submitted that none of the grounds for exclusion set out in Regulation (EC) No 1049/2001 is applicable to the applicant’s right of access. The Commission has not submitted any grounds for exclusion and none is apparent.

(1) Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001 L 145, p. 43).