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Case T-110/23: Judgment of the General Court of 13 November 2024 – Kargins v Commission (Access to documents – Regulation (EC) No 1049/2001 – Documents originating from a Member State – Documents relating to the Commission’s intervention in a dispute before the Supreme Court of Latvia – List of documents covered by the application for access to documents – Partial refusal of access – Objection by a Member State to disclosure of documents – Exception relating to the protection of court proceedings – Obligation to state reasons – Presumption of legality attaching to EU measures – Review by the institution and by the EU Courts of the Member State’s grounds for objection – Article 41 of the Charter of Fundamental Rights – Time limits provided for in Regulation No 1049/2001)
ECLI:EU:UNKNOWN:62023TA0110
62023TA0110
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Official Journal of the European Union
C series
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C/2025/167
(Case T-110/23)
(Access to documents - Regulation (EC) No 1049/2001 - Documents originating from a Member State - Documents relating to the Commission’s intervention in a dispute before the Supreme Court of Latvia - List of documents covered by the application for access to documents - Partial refusal of access - Objection by a Member State to disclosure of documents - Exception relating to the protection of court proceedings - Obligation to state reasons - Presumption of legality attaching to EU measures - Review by the institution and by the EU Courts of the Member State’s grounds for objection - Article 41 of the Charter of Fundamental Rights - Time limits provided for in Regulation No 1049/2001)
(C/2025/167)
Language of the case: English
Parties
Applicant: Rems Kargins (Riga, Latvia) (represented by: O. Behrends, lawyer)
Defendant: European Commission (represented by: A.-C. Simon and A. Spina, acting as Agents)
Re:
By his action based on Article 263 TFEU, the applicant seeks annulment of Decision C(2022) 9584 final of the European Commission of 12 December 2022 refusing, in whole or in part, access to documents relating to the intervention by the European Commission as amicus curiae in a case concerning the dispute between the applicant and a Latvian company before the Augstākā tiesa (Supreme Court, Latvia).
Operative part of the judgment
The Court:
1.Annuls Decision C(2022) 9584 final of the European Commission of 12 December 2022 in so far as it refused access, on the basis of the second indent of Article 4(2) of 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, to documents 7.2 to 7.7, 7.10 and 7.11, 7.14 to 7.17, 7.20 and 7.21, as identified in Section 2.2 of that decision;
2.Dismisses the action as to the remainder;
3.Orders each party, Mr Rems Kargins and the Commission, to bear their own costs.
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(1)
OJ C 173, 15.5.2023.
ELI: http://data.europa.eu/eli/C/2025/167/oj
ISSN 1977-091X (electronic edition)
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* Language of the case: English.