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Case T-730/16: Judgment of the General Court of 13 March 2019 — Espírito Santo Financial Group v ECB (Access to documents — Decision 2004/258/EC — Documents relating to the ECB’s decision of 1 August 2014 concerning Banco Espírito Santo SA — Partial refusal to grant access — Exception relating to the confidentiality of the proceedings of the ECB’s decision-making bodies — Exception relating to the financial, monetary or economic policy of the European Union or of a Member State — Exception relating to the stability of the financial system in the European Union or in a Member State — Exception relating to the protection of commercial interests — Exception relating to documents intended for internal use — Obligation to state reasons)
ECLI:EU:UNKNOWN:62016TA0730
62016TA0730
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29.4.2019
Official Journal of the European Union
C 148/44
(Case T-730/16) (*)
(Access to documents - Decision 2004/258/EC - Documents relating to the ECB’s decision of 1 August 2014 concerning Banco Espírito Santo SA - Partial refusal to grant access - Exception relating to the confidentiality of the proceedings of the ECB’s decision-making bodies - Exception relating to the financial, monetary or economic policy of the European Union or of a Member State - Exception relating to the stability of the financial system in the European Union or in a Member State - Exception relating to the protection of commercial interests - Exception relating to documents intended for internal use - Obligation to state reasons)
(2019/C 148/40)
Language of the case: English
Parties
Applicant: Espírito Santo Financial Group SA (Luxembourg, Luxembourg) (represented by: R. Oliveira, S. Estima Martins and D. Duarte de Campos, lawyers)
Defendant: European Central Bank (represented by: F. von Lindeiner and S. Lambrinoc, acting as Agents, and by H.-G. Kamann, lawyer)
Re:
Application pursuant to Article 263 TFEU for annulment of the ECB’s decision of 31 August 2016 refusing in part to disclose certain documents relating to its decision of 1 August 2014 concerning Banco Espírito Santo SA.
Operative part of the judgment
The Court:
1.Annuls the decision of the European Central Bank (ECB) of 31 August 2016 partially refusing to disclose certain documents relating to its decision of 1 August 2014 concerning Banco Espírito Santo SA, in so far as it refused to disclose the amount of credit indicated in the extracts of the minutes recording the decision of the Governing Council of the ECB of 28 July 2014 and the information redacted from the proposals of the Executive Board of the ECB of 28 July and 1 August 2014;
2.Dismisses the action as to the remainder;
3.Orders Espírito Santo Financial Group SA and the ECB to bear their own costs.
(*) Language of the case: English.
(1) OJ C 462, 12.12.2016.
* * *