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Case T-669/11: Judgment of the General Court of 25 September 2014 –Spirlea v Commission (Access to documents — Regulation (EC) No 1049/2001 — Document emanating from Germany in the context of an EU Pilot procedure — Article 4(4) and (5) — Third indent of Article 4(2) — Refusal of access — Breach of essential procedural requirements — Obligation to carry out a concrete and individual examination — Partial access — Overriding public interest)
ECLI:EU:UNKNOWN:62011TA0669
62011TA0669
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Official Journal of the European Union
C 395/34
(Case T-669/11) (*)
((Access to documents - Regulation (EC) No 1049/2001 - Document emanating from Germany in the context of an EU Pilot procedure - Article 4(4) and (5) - Third indent of Article 4(2) - Refusal of access - Breach of essential procedural requirements - Obligation to carry out a concrete and individual examination - Partial access - Overriding public interest))
(2014/C 395/39)
Language of the case: German
Parties
Applicants: Darius Nicolai Spirlea and Mihaela Spirlea (Capezzano Pianore, Italy) (represented by: initially, V. Foerster and T. Pahl, and, subsequently, V. Foerster and E. George, lawyers)
Defendant: European Commission (represented by: P. Costa de Oliveira and H. Kraemer, acting as Agents)
Re:
Application for annulment of the Commission’s decision of 9 November 2011 refusing to allow the applicants access to the observations submitted by the Federal Republic of Germany to the Commission on 7 July 2011 in the context of EU Pilot procedure No 2070/11/SNCO.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders each party to bear its own costs.
(*)
Language of the case: German.
ECLI:EU:C:2014:140