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Case T-377/21: Judgment of the General Court of 12 July 2023 — Eurecna v Commission (Access to documents — Regulation (EC) No 1049/2001 — Final report of the investigation by OLAF into the performance of a service contract financed by the EDF — Refusal to grant access — Exception relating to the protection of the decision-making process — Exception relating to protection of the purpose of inspections, investigations and audits — General presumption — Obligation to state reasons)
ECLI:EU:UNKNOWN:62021TA0377
62021TA0377
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18.9.2023
Official Journal of the European Union
C 329/21
(Case T-377/21) (<span class="oj-super oj-note-tag">1</span>)
(Access to documents - Regulation (EC) No 1049/2001 - Final report of the investigation by OLAF into the performance of a service contract financed by the EDF - Refusal to grant access - Exception relating to the protection of the decision-making process - Exception relating to protection of the purpose of inspections, investigations and audits - General presumption - Obligation to state reasons)
(2023/C 329/29)
Language of the case: Italian
Parties
Applicant: Eurecna SpA (Venice, Italy) (represented by: R. Sciaudone, lawyer)
Defendant: European Commission (represented by: C. Ehrbar and A. Spina, acting as Agents)
Re:
By its action based on Article 263 TFEU, the applicant seeks annulment of the decision of the European Anti-Fraud Office (OLAF) of 26 April 2021, by which the latter refused the applicant access to its final report and the annexes thereto at the end of investigation OC/2019/0766/B4.
Operative part of the judgment
The Court hereby:
1.annuls the decision of 26 April 2021, by which the European Anti-Fraud Office (OLAF) refused Eurecna SpA access to its final report and the annexes thereto at the end of investigation OC/2019/0766/B4;
2.dismisses the action as to the remainder;
3.orders the European Commission to pay the costs.
(<span class="oj-super">1</span>) OJ C 401, 4.10.2021.