17.5.2021

EN

Official Journal of the European Union

C 189/19

(Case T-151/21)

(2021/C 189/21)

Language of the case: German

Parties

Applicant: Hans-Wilhelm Saure (Berlin, Germany) (represented by: C. Partsch, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—annul the Commission decision of 27 January 2021 refusing to grant the applicant’s requested access to Commission documents through the issuing of copies of all Commission communications

a)with the company BioNTech SE,

b)with the Federal Chancellery, Germany, regarding the company BioNTech SE and its products,

c)with the German Federal Minister for Health regarding the purchasing of vaccines to combat the coronavirus pandemic,

from 1 April 2020 and in particular as regards the quantity of vaccines offered by BioNTech and their delivery times;

—order the Commission to pay the costs of the proceedings.

Pleas in law and main arguments

In support of the action, the applicant relies on three pleas in law.

1.First plea in law: The applicant claims that he is entitled to access the European Commission documents at issue in accordance with Article 2(1) of Regulation (EC) No 1049/2001. (1)

2.Second plea in law: The applicant submits that Article 4(2), point 1, of Regulation (EC) No 1049/2001 does not preclude the right of access to the information at issue. Disclosure of the information would not undermine the commercial interests of a natural or legal person. According to the applicant, the requested information does not contain any trade secrets within the meaning of Directive (EU) 2016/943. (2)

Third plea in law: The applicant claims that Article 4(3), first subparagraph, of Regulation (EC) No 1049/2001 does not preclude the right of access to the information at issue. According to the applicant, only the current decision-making process is protected by that provision. The object of the applicant’s request for access to documents is, however, documentation concerning the defendant’s negotiations on vaccine deliveries. The applicant claims that those negotiations have already been completed. There is, moreover, an overriding public interest in the disclosure of the information at issue, since the EU’s vaccine procurement has been discussed and reported for weeks at European level.

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).

Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ 2016 L 157, p. 1).