(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:

APPLICATION for annulment of Decision A(2008) 22050 of the European Parliament of 17 December 2008 refusing to grant the applicant access to certain documents relating to the affiliation of certain Members of the European Parliament to the additional pension scheme.

Operative part

The Court:

1.Dismisses the action;

2.Orders Mr Gert-Jan Dennekamp to bear his own costs and to pay the costs incurred by the European Parliament;

3.Orders the Kingdom of Denmark, the Republic of Finland and the European Data Protection Supervisor (EDPS) to bear their own costs.