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Case C-351/20 P: Judgment of the Court (Third Chamber) of 13 January 2022 — Liviu Dragnea v European Commission (Appeal — Investigations conducted by the European Anti-Fraud Office (OLAF) — Investigation reports — Request for an investigation to be opened into the conduct of previous OLAF investigations — Request to access documents — Letter of refusal — Article 263 TFEU — Decision against which an action for annulment may be brought — Time limit for bringing proceedings — Action against a letter confirming OLAF’s investigation reports — Regulation (EC) No 1049/2001 — Article 6 and Article 7(2) — Obligation to inform the applicant of his or her right to make a confirmatory application)
ECLI:EU:UNKNOWN:62020CA0351
62020CA0351
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Official Journal of the European Union
C 109/8
(Case C-351/20 P) (<span class="oj-super oj-note-tag">1</span>)
(Appeal - Investigations conducted by the European Anti-Fraud Office (OLAF) - Investigation reports - Request for an investigation to be opened into the conduct of previous OLAF investigations - Request to access documents - Letter of refusal - Article 263 TFEU - Decision against which an action for annulment may be brought - Time limit for bringing proceedings - Action against a letter confirming OLAF’s investigation reports - Regulation (EC) No 1049/2001 - Article 6 and Article 7(2) - Obligation to inform the applicant of his or her right to make a confirmatory application)
(2022/C 109/11)
Language of the case: English
Parties
Appellant: Liviu Dragnea (represented by: C. Toby, O. Riffaud and B. Entringer, avocats)
Other party to the proceedings: European Commission (represented by: J.-P. Keppenne and J. Baquero Cruz, acting as Agents)
Operative part of the judgment
The Court hereby:
1.Sets aside the order of the General Court of the European Union of 12 May 2020, Dragnea v Commission, (T-738/18, not published, EU:T:2020:208), to the extent that, by that order, the General Court dismissed as inadmissible the action brought by Mr Liviu Dragnea for annulment of the letter from the European Anti-Fraud Office (OLAF) of 1 October 2018, in so far as, by that letter, OLAF refused to grant him access to the documents requested in his letter of 22 August 2018;
2.Refers the case back to the General Court of the European Union for judgment on this head of the application for annulment;
3.Dismisses the appeal as to the remainder;
4.Orders Mr Liviu Dragnea and the European Commission to bear their own costs incurred in the context of the present appeal;
5.Reserves the costs as to the remainder.
(<span class="oj-super">1</span>) OJ C 313, 21.9.2020.