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Case T-104/22: Judgment of the General Court of 10 July 2024 – Hungary v Commission (Access to documents – Regulation (EC) No 1049/2001 – Documents relating to the correspondence addressed to the Commission by the Hungarian authorities concerning a draft call for proposals co-financed by the European Union within the framework of European Structural and Investment Funds – Documents originating from a Member State – Objection by the Member State – Exception relating to the protection of the decision-making process – Concept of document relating to a matter where the decision has not been taken by the institution – Obligation to state reasons – Sincere cooperation)
ECLI:EU:UNKNOWN:62022TA0104
62022TA0104
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Official Journal of the European Union
C series
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C/2024/5089
26.8.2024
(Case T-104/22)
(Access to documents - Regulation (EC) No 1049/2001 - Documents relating to the correspondence addressed to the Commission by the Hungarian authorities concerning a draft call for proposals co-financed by the European Union within the framework of European Structural and Investment Funds - Documents originating from a Member State - Objection by the Member State - Exception relating to the protection of the decision-making process - Concept of ‘document relating to a matter where the decision has not been taken by the institution’ - Obligation to state reasons - Sincere cooperation)
(C/2024/5089)
Language of the case: Hungarian
Parties
Applicant: Hungary (represented by: M. Fehér and G. Koós, acting as Agents)
Defendant: European Commission (represented by: C. Ehrbar, A. Spina and A. Tokár, acting as Agents)
Re:
By its action under Article 263 TFEU, Hungary seeks annulment of the decision of the European Commission of 14 December 2021 granting a third party applicant, 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 (OJ 2001 L 145, p. 43), access to the correspondence addressed to the Commission by the Hungarian authorities concerning a draft call for proposals.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Hungary to pay the costs, including those relating to the proceedings for interim measures.
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(1)
OJ C 158, 11.4.2022
ELI: http://data.europa.eu/eli/C/2024/5089/oj
ISSN 1977-091X (electronic edition)
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