Official Journal of the European Union

C 44/20

(Joined Cases T-314/16 and T-435/16) (*)

((Access to documents - Regulation (EC) No 1049/2001 - Documents and information relating to a decision of the Commission to put an end to a ‘letter of agreement and membership of Team Europe’ - Refusal of access - Exception relating to the protection of privacy and the protection of individuals - Protection of personal data - Regulation (EC) No 45/2001 - Refusal of transfer - Articles 7, 47 and 48 of the Charter of Fundamental Rights - Non-contractual liability))

(2019/C 44/24)

Language of the case: French

Parties

Applicant: VG, as the sole heir of Ms (represented initially by: L. Levi and M. Vandenbussche, and subsequently by: L. Levi, lawyers)

Defendant: European Commission (represented initially by: F. Clotuche-Duvieusart and A. Simon, and subsequently by: F. Clotuche-Duvieusart and B. Mongin, acting as Agents)

Re:

First, application based on Article 263 TFEU seeking annulment of the decisions of the Commission of 2 February and 19 April 2016 rejecting MS’ application for access to the documents concerning him and of 16 June 2016 rejecting his request to transfer to him the personal data concerning him contained in the documents covered by that application for access and, secondly, application based on Article 268 TFEU seeking compensation for the harm allegedly suffered by Ms on account of that refusal of access and transfer.

Operative part of the judgment

The Court:

1.Annuls the decision of the European Commission of 16 June 2016 rejecting MS’ request to transfer to him certain personal data;

2.Orders the Commission to pay VG, as the sole heir of MS, a sum of EUR 5 000;

3.Dismisses the action as to the remainder;

4.Orders VG and the Commission to bear their own costs.

(*)

Language of the case: French.

ECLI:EU:C:2019:140

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