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Case C-632/24 P: Appeal brought on 27 September 2024 by the European Commission against the judgment of the General Court (Fifth Chamber) delivered on 17 July 2024 in Case T-761/21, Courtois and Others v Commission
ECLI:EU:UNKNOWN:62024CN0632
62024CN0632
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Official Journal of the European Union
C series
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C/2024/6641
11.11.2024
(Case C-632/24 P)
(C/2024/6641)
Language of the case: French
Parties
Appellant: European Commission (represented by: A. Bouchagiar, M. Burón Pérez, G. Gattinara and A. Spina, acting as Agents)
Other parties to the proceedings: Fabien Courtois and the other applicants at first instance whose names are set out in the annex to the judgment under appeal
Form of order sought
The appellant claims that the Court should:
—set aside the judgment of the General Court of 17 July 2024, Courtois and Others v Commission, T-761/21, EU:T:2024:477;
—give final judgment on the action at first instance in Case T-761/21 and dismiss it;
—order the applicants at first instance, now the respondents, to pay the costs.
Grounds of appeal and main arguments
The Commission puts forward the following grounds of appeal:
1.The first ground of appeal alleges a distortion of the evidence in the assessment of the need for the transmission of the personal data in question (judgment under appeal, paragraphs 63 to 92).
2.The second ground of appeal alleges an error of law in the interpretation of Article 9(1)(b) of Regulation (EU) 2018/1725, (1) read in conjunction with Article 4(1)(b) of Regulation (EC) No 1049/2001 (2) (judgment under appeal, paragraphs 52 to 92).
3.The third ground of appeal concerns the merits of the reasoning for the refusal of full access to the contractual clauses on indemnification (judgment under appeal, paragraphs 154-174) and is divided into three parts: (a) an error of law in the interpretation of the second indent of Article 4(2) of Regulation 1049/2001; (b) a breach of the obligation to state reasons; (c) a distortion of the evidence.
Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ 2018 L 295, p. 39).
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).
ELI: http://data.europa.eu/eli/C/2024/6641/oj
ISSN 1977-091X (electronic edition)
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