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Case T-354/21: Judgment of the General Court of 1 February 2023 — ClientEarth v Commission (Access to documents — Regulation (EC) No 1049/2001 — Control system for ensuring compliance with the rules of the common fisheries policy — Regulation (EC) No 1224/2009 — Documents concerning the implementation of fisheries control in Denmark and France — Partial refusal of access — Exception relating to the protection of the purpose of inspections, investigations and audits — General presumption of confidentiality — Overriding public interest — Aarhus Convention — Regulation (EC) No 1367/2006)

ECLI:EU:UNKNOWN:62021TA0354

62021TA0354

February 1, 2023
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Valentina R., lawyer

Official Journal of the European Union

C 104/24

(Case T-354/21) (*)

(Access to documents - Regulation (EC) No 1049/2001 - Control system for ensuring compliance with the rules of the common fisheries policy - Regulation (EC) No 1224/2009 - Documents concerning the implementation of fisheries control in Denmark and France - Partial refusal of access - Exception relating to the protection of the purpose of inspections, investigations and audits - General presumption of confidentiality - Overriding public interest - Aarhus Convention - Regulation (EC) No 1367/2006)

(2023/C 104/38)

Language of the case: English

Parties

Applicant: ClientEarth AISBL (Brussels, Belgium) (represented by: O. Brouwer, T. Oeyen and T. van Helfteren, lawyers)

Defendant: European Commission (represented by: C. Ehrbar, G. Gattinara and A. Spina, acting as Agents)

Re:

By its action based on Article 263 TFEU, the applicant seeks the annulment of Commission Decision C(2021) 4348 final of 7 April 2021 refusing access to certain documents requested 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), and pursuant to Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (OJ 2006 L 264, p. 13).

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders ClientEarth AISBL to pay the costs.

(*)

Language of the case: English.

ECLI:EU:C:2023:140

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