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Case T-36/23: Judgment of the General Court of 14 May 2025 – Stevi and The New York Times v Commission (Access to documents – Regulation (EC) No 1049/2001 – Documents relating to the text messages exchanged between the President of the Commission and the chief executive officer of the pharmaceutical company Pfizer – Refusal to grant access – Presumption of veracity attached to the declaration of non-possession of documents – Lack of plausible explanations making it possible to determine the reasons for the non-existence or non-possession – Retention of documents – Principle of good administration)
ECLI:EU:UNKNOWN:62023TA0036
62023TA0036
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Official Journal of the European Union
C series
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C/2025/3514
7.7.2025
(Case T-36/23)
(Access to documents - Regulation (EC) No 1049/2001 - Documents relating to the text messages exchanged between the President of the Commission and the chief executive officer of the pharmaceutical company Pfizer - Refusal to grant access - Presumption of veracity attached to the declaration of non-possession of documents - Lack of plausible explanations making it possible to determine the reasons for the non-existence or non-possession - Retention of documents - Principle of good administration)
(C/2025/3514)
Language of the case: English
Parties
Applicants: Matina Stevi (Brussels, Belgium), The New York Times Company (New York, New York, United States) (represented by: B. Kloostra and P.-J. Schüller, lawyers)
Defendant: European Commission (represented by: P. Stancanelli, A. Spina and M. Burón Pérez, acting as Agents)
Re:
By their action under Article 263 TFEU, the applicants seek the annulment of Decision C(2022) 8371 final of the European Commission of 15 November 2022 adopted pursuant to Article 4 of the Implementing Rules 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), concerning an application for access to all text messages exchanged between the President of the Commission and the chief executive officer of the pharmaceutical company Pfizer between 1 January 2021 and 11 May 2022.
Operative part of the judgment
The Court:
Annuls Decision C(2022) 8371 final of the European Commission of 15 November 2022 adopted pursuant to Article 4 of the Implementing Rules 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;
Orders the Commission to pay the costs.
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(1) OJ C 112, 27.3.2023.
ELI: http://data.europa.eu/eli/C/2025/3514/oj
ISSN 1977-091X (electronic edition)
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