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Case T-15/18: Judgment of the General Court of 6 October 2021 — OCU v ECB (Access to documents — Decision 2004/258/EC — Documents relating to the adoption of a resolution scheme in respect of Banco Popular Español — Refusal to grant access — Exception relating to the protection of the confidentiality of information that is protected as such under EU law — Concept of confidential information — Exemptions from the obligation of professional secrecy — Right to a fair hearing)

ECLI:EU:UNKNOWN:62018TA0015

62018TA0015

October 6, 2021
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Official Journal of the European Union

C 490/27

(Case T-15/18) (<span class="oj-super oj-note-tag">1</span>)

(Access to documents - Decision 2004/258/EC - Documents relating to the adoption of a resolution scheme in respect of Banco Popular Español - Refusal to grant access - Exception relating to the protection of the confidentiality of information that is protected as such under EU law - Concept of confidential information - Exemptions from the obligation of professional secrecy - Right to a fair hearing)

(2021/C 490/28)

Language of the case: Spanish

Parties

Applicant: Organización de Consumidores y Usuarios (OCU) (Madrid, Spain) (represented by: E. Martínez Martínez and C. López-Mélida de Ramón, lawyers)

Defendant: European Central Bank (represented by: T. Filipova, D. Báez Seara and F. von Lindeiner, acting as Agents, and M. Kottmann, lawyer)

Interveners in support of the defendant: European Commission (represented by: É. Gippini Fournier, J. Rius, C. Ehrbar and A. Steiblytė, acting as Agents), Banco Santander, SA (Santander, Spain) (represented by: J. Rodríguez Cárcamo and A. Rodríguez Conde, lawyers)

Re:

Action pursuant to Article 263 TFEU for partial annulment of Decision LS/MD/17/428 of the ECB of 17 November 2017 refusing access to certain documents relating to the adoption of a resolution scheme in respect of Banco Popular Español, SA.

Operative part of the judgment

The Court:

1.Dismisses the application;

2.Orders the Organización de Consumidores y Usuarios (OCU) to bear its own costs and to pay those incurred by the European Central Bank (ECB);

3.Orders the European Commission and Banco Santander, SA to bear their own costs.

(<span class="oj-super">1</span>) OJ C 83, 5.3.2018.

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