Judgment of the General Court (Second Chamber) of 23 November 2011 – Dennekamp v Parliament

(Case T-82/09)

Access to documents – Regulation (EC) No 1049/2001 – Documents relating to the affiliation of certain Members of the European Parliament to the additional pension scheme – Refusal to grant access – Exception relating to the protection of privacy and the integrity of the individual – Article 8(b) of Regulation (EC) No 45/2001 – Transfer of personal data

1.                     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 – Obligation to assess in conformity with EU legislation on the protection of personal data – Full applicability of the provisions of Regulation No 45/2001 for any request for access to documents containing personal data (European Parliament and Council Regulations No 45/2001, Art. 8, and No 1049/2001, Art. 4(1)(b)) (see paras 21-26, 38-40)

2.                     Approximation of laws – Protection of physical persons in relation to processing of personal data – Processing of those data by institutions and bodies of the Union – Request for access to documents mentioning the names of Members of the European Parliament affiliated to the additional pension scheme – Personal data – Request for access to those documents pursuant to Regulation No 1049/2001 – Obligation to establish the need for transfer of those data (European Parliament and Council Regulations No 45/2001, Arts 2(a), 5(b) and 8(b), and No 1049/2001, Art. 4(1)(b)) (see paras 27-30)

Re:

Operative part

The Court: