Official Journal of the European Union

Series C

C/2023/1172

4.12.2023

(Case T-1031/23)

(C/2023/1172)

Language of the case: English

Parties

Applicant: Eva Kaili (Ixelles, Belgium) (represented by: S. Pappas, D.-A. Pappa and A. Pappas, lawyers)

Defendant: European Parliament

Form of order sought

The applicant claims that the Court should:

—annul the decision of 31 July 2023 of the Vice-President of the European Parliament rejecting, according to Regulation (EC) No 1049/2001, (1) the applicant’s confirmatory application for public access to documents concerning irregularities in the management, by Members of Parliament, of the allowances of accredited parliamentary assistants;

—order the defendant to bear its costs as well as the applicant’s costs for the current proceedings.

Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law, alleging infringement of Article 4(2) of Regulation (EC) No 1049/2001. More specifically, this plea is divided in two alternative branches.

—By the first branch, it is argued that disclosure of the requested documents does not undermine the protection of the proceedings in General Court case T-46/23. This branch is further sub-divided into two arguments. First, that disclosure of the requested documents does not undermine the sound administration of justice in the General Court case T-46/23. Second, that disclosure of the requested documents does not undermine the principle of equality of arms.

—By the second branch, it is argued that, in any event, there is an overriding public interest in disclosure.

(1) 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).

ELI: http://data.europa.eu/eli/C/2023/1172/oj

ISSN 1977-091X (electronic edition)

* * *