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Case T-214/21: Judgment of the General Court of 5 October 2022 — Múka v Commission (Access to documents — Regulation (EC) No 1049/2001 — Documents relating to State aid control procedures — Refusal to grant access — Third indent of Article 4(2) of Regulation No 1049/2001 — Exception relating to the protection of the purpose of inspections, investigations and audits — General presumption of non-disclosure — Overriding public interest)

ECLI:EU:UNKNOWN:62021TA0214

62021TA0214

October 5, 2022
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12.12.2022

Official Journal of the European Union

C 472/35

(Case T-214/21) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Documents relating to State aid control procedures - Refusal to grant access - Third indent of Article 4(2) of Regulation No 1049/2001 - Exception relating to the protection of the purpose of inspections, investigations and audits - General presumption of non-disclosure - Overriding public interest)

(2022/C 472/39)

Language of the case: English

Parties

Applicant: Ondřej Múka (Prague, Czech Republic) (represented by: P. Kočí, lawyer)

Defendant: European Commission (represented by: C. Ehrbar and K. Herrmann, acting as Agents)

Re:

By his action under Article 263 TFEU, the applicant asks the General Court, first, to annul (i) the letter of the European Commission of 27 October 2020 rejecting his initial application of 17 September 2020 requesting access to documents which it had exchanged with the Czech Republic and (ii) Decision C(2021) 1320 final of 21 February 2021 rejecting his confirmatory application of 12 November 2020 requesting access to those documents, and, second, to order the Commission to provide him with all the documents and information referred to in his application of 17 September 2020.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Mr Ondřej Múka to bear his own costs and to pay those incurred by the European Commission.

(1) OJ C 242, 21.6.2021.

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