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annul Commission Decision C(2025) 5214 final of 21 July 2025 in so far as it rejects the applicant’s request for access to documents concerning the withdrawal of the defendant’s proposal (1) for a regulation on standard essential patents (‘SEP proposal’) pursuant to 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; (2)

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order the Commission to bear its own costs and to pay those incurred by the applicant.

1.

First, the applicant alleges a manifest and factual error of assessment, resulting in the misapplication, and thus infringement, of the first subparagraph of Article 4(3) of Regulation (EC) No 1049/2001. Access to a document was refused on the grounds that the decision-making process was still ongoing, even though the decision to withdraw the SEP proposal had already been made by the time the contested decision was taken.

2.

Second, the applicant alleges an infringement of Articles 41 and 42 of the Charter of Fundamental Rights, Article 15(3) TFEU and Regulation (EC) No 1049/2001, in that the defendant appears to have failed to comply with its obligation to identify all the documents covered by the request for access to documents and to ensure the retention of documents over a longer period since, in particular, although no documents were identified before 11 February 2025, it is clear that the withdrawal of the SEP proposal could not have been discussed spontaneously for the first time the day before the official announcement.