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Case C-408/21 P: Judgment of the Court (Tenth Chamber) of 8 June 2023 — Council of the European Union v Laurent Pech, Kingdom of Sweden (Appeal — Access to documents — Regulation (EC) No 1049/2001 — Article 4(2), second indent — Protection of legal advice — Article 4(3), first subparagraph — Protection of the decision-making process — Refusal to grant full access to a legal opinion of the Council of the European Union’s Legal Service)

ECLI:EU:UNKNOWN:62021CA0408

62021CA0408

June 8, 2023
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24.7.2023

Official Journal of the European Union

C 261/21

(Case C-408/21 P) (<span class="oj-super oj-note-tag">1</span>)

(Appeal - Access to documents - Regulation (EC) No 1049/2001 - Article 4(2), second indent - Protection of legal advice - Article 4(3), first subparagraph - Protection of the decision-making process - Refusal to grant full access to a legal opinion of the Council of the European Union’s Legal Service)

(2023/C 261/29)

Language of the case: English

Parties

Appellant: Council of the European Union (represented by A. de Gregorio Merino, E. Dumitriu-Segnana, K. Pavlaki and E. Rebasti, acting as Agents)

Other parties to the proceedings: Laurent Pech (represented initially by G. Andraos, avocat, O. Brouwer, advocaat, M. Hall, advokat, and B.A.R.T. Verheijen, advocaat, and subsequently by G. Andraos, O. Brouwer, T.C. van Helfteren, advocaten, and M. Hall advokat), Kingdom of Sweden (represented initially by O. Simonsson, H. Eklinder, J. Lundberg, C. Meyer-Seitz, A.M. Runeskjöld, M. Salborn Hodgson, R. Shahsavan Eriksson and H. Shev, and subsequently by O. Simonsson, H. Eklinder, C. Meyer-Seitz, A.M. Runeskjöld, M. Salborn Hodgson, R. Shahsavan Eriksson and H. Shev, acting as Agents)

Interveners in support of the applicant: French Republic (represented initially by A.-L. Desjonquères, A.-C. Drouant and E. Leclerc, and subsequently by A.-L. Desjonquères and E. Leclerc, acting as Agents). European Commission (represented by C. Ehrbar and P. Stancanelli, acting as Agents)

Operative part of the judgment

The Court:

1.Dismisses the appeal;

2.Orders the Council of the European Union to bear its own costs and to pay those incurred by Mr Laurent Pech;

3.Orders the French Republic, the Kingdom of Sweden and the European Commission to bear their own costs.

(<span class="oj-super">1</span>) OJ C 51, 31.1.2022.

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