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Document 62004TJ0161

    Judgment of the General Court (Eighth Chamber) of 7 July 2011.
    Gregorio Valero Jordana v European Commission.
    Access to documents - Regulation(EC) No 1049/2001- Reserve list for an open competition and individual decisions concerning the appointment of officials - Refusal of access - Exception concerning privacy and the integrity of the individual - Protection of personal data - Regulation (EC) No 45/2001.
    Case T-161/04.

    Thuarascálacha na Cúirte Eorpaí 2011 II-00215*

    ECLI identifier: ECLI:EU:T:2011:337





    Judgment of the General Court (Eighth Chamber) of 7 July 2011 – Valero Jordana v Commission

    (Case T-161/04)

    Access to documents – Regulation (EC) No 1049/2001 – Reserve list for an open competition and individual decisions concerning the appointment of officials – Refusal of access – Exception concerning privacy and the integrity of the individual – Protection of personal data – Regulation (EC) No 45/2001

    1.                     European Union – Institutions – Right of public access to documents – Regulation No 1049/2001 – Exceptions to the right of access to documents – Duty to state reasons – Scope (Art. 253 EC; European Parliament and Council Regulation No 1049/2001) (see paras 48-49)

    2.                     European Union – Institutions – Right of public access to documents – Regulation No 1049/2001 – Exceptions to the right of access to documents – Protection of privacy and the integrity of the individual – Scope – Duty to assess in accordance with EU legislation on the protection of personal data (European Parliament and Council Regulations No 45/2001, Arts 1(1) and 2(a) and (b), and No 1049/2001, Art. 4(1)(b)) (see paras 87-89, 91, 95-96, 102)

    3.                     Acts of the institutions – Statement of reasons – Obligation – Scope – Reasoning put forward during proceedings not mentioned in the contested decision – Not permissible (Art. 253 EC) (see para. 107)

    Re:

    APPLICATION for annulment of the decision of the Commission of 10 February 2004 refusing the applicant’s request for access to the reserve list for open competition A7/A6 COM/A/637 and the individual decisions appointing officials in Grade A 6 from 5 October 1995.

    Operative part

    The Court:

    1.

    Annuls the decision of the Commission of the European Communities of 10 February 2004 refusing to give Mr Gregorio Valero Jordana access to the reserve list for open competition A7/A6 COM/A/637 and the individual decisions appointing officials in Grade A 6 from 5 October 1995;

    2.

    Orders the Commission to bear its own costs and to pay Mr Valero Jordana’s costs;

    3.

    Orders the Kingdom of Sweden to bear its own costs;

    4.

    Orders the European Data Protection Supervisor (EDPS) to bear his own costs;

    5.

    Removes the Kingdom of Denmark as an intervener in Case T‑161/04;

    6.

    Orders the Kingdom of Denmark to bear its own costs;

    7.

    Orders Mr Valero Jordana, the Commission, the Kingdom of Sweden and the EDPS to bear their own costs in regard to the Kingdom of Denmark’s intervention.

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