(Case T-161/04)

Access to documents – Regulation (EC) No 1049/2001 – Reserve list for an open competition and individual decisions concerning the appointment of officials – Refusal of access – Exception concerning privacy and the integrity of the individual – Protection of personal data – Regulation (EC) No 45/2001

3. Acts of the institutions – Statement of reasons – Obligation – Scope – Reasoning put forward during proceedings not mentioned in the contested decision – Not permissible (Art. 253 EC) (see para. 107)

Re:

APPLICATION for annulment of the decision of the Commission of 10 February 2004 refusing the applicant’s request for access to the reserve list for open competition A7/A6 COM/A/637 and the individual decisions appointing officials in Grade A 6 from 5 October 1995.

Operative part

The Court:

1.Annuls the decision of the Commission of the European Communities of 10 February 2004 refusing to give Mr Gregorio Valero Jordana access to the reserve list for open competition A7/A6 COM/A/637 and the individual decisions appointing officials in Grade A 6 from 5 October 1995;

2.Orders the Commission to bear its own costs and to pay Mr Valero Jordana’s costs;

3.Orders the Kingdom of Sweden to bear its own costs;

4.Orders the European Data Protection Supervisor (EDPS) to bear his own costs;

5.Removes the Kingdom of Denmark as an intervener in Case T‑161/04;

6.Orders the Kingdom of Denmark to bear its own costs;

7.Orders Mr Valero Jordana, the Commission, the Kingdom of Sweden and the EDPS to bear their own costs in regard to the Kingdom of Denmark’s intervention.