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Case T-727/19: Judgment of the General Court of 23 September 2020 — Basaglia v Commission (Access to documents — Regulation (EC) No 1049/2001 — Documents concerning certain projects in the context of the eTEN programme and of the fifth and sixth framework programmes for research and technological development — Restriction of the request for access — Partial refusal to grant access — Exception relating to the protection of privacy and the integrity of the individual — Exception relating to the protection of the commercial interests of a third party — Overriding public interest — Obligation to carry out a specific and individual examination)
ECLI:EU:UNKNOWN:62019TA0727
62019TA0727
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16.11.2020
Official Journal of the European Union
C 390/35
(Case T-727/19) (<span class="oj-super oj-note-tag">1</span>)
(Access to documents - Regulation (EC) No 1049/2001 - Documents concerning certain projects in the context of the eTEN programme and of the fifth and sixth framework programmes for research and technological development - Restriction of the request for access - Partial refusal to grant access - Exception relating to the protection of privacy and the integrity of the individual - Exception relating to the protection of the commercial interests of a third party - Overriding public interest - Obligation to carry out a specific and individual examination)
(2020/C 390/50)
Language of the case: Italian
Parties
Applicant: Giorgio Basaglia (Milan, Italy) (represented by: G. Balossi, lawyer)
Defendant: European Commission (represented by: C. Ehrbar and A. Spina, acting as Agents)
Re:
Application under Article 263 TFEU seeking annulment of Commission Decision C(2019) 6474 final of 4 September 2019 concerning a confirmatory application for access to documents pursuant to Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001 L 145, p. 43).
Operative part of the judgment
The Court:
1.annuls Commission Decision C(2019) 6474 final of 4 September 2019 concerning a confirmatory application for access to documents pursuant to Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents, in so far as it includes a restriction of the request for access and in so far as it includes a refusal to grant access based on the first indent of Article 4(2) of that regulation;
2.dismisses the action as to the remainder;
3.orders Giorgio Basaglia and the European Commission each to bear their own costs.
(<span class="oj-super">1</span>) OJ C 432, 23.12.2019.