I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!
Valentina R., lawyer
3. European Union — Institutions — Right of public access to documents — Regulation No 1049/2001 — Exceptions to the right of access to documents — Mandatory exceptions — Taking into account a specific interest of the applicant — Not included (European Parliament and Council Regulation No 1049/2001, Arts 2(1), and 4(2) and (3)) (see paras 52-55)
5. European Union — Institutions — Right of public access to documents — Regulation No 1049/2001 — Exceptions to the right of access to documents — Strict interpretation and application — Protection of the decision-making process — Scope — Documents drawn up by an evaluation committee in the context of a tendering procedure — Included — No obligation to disclose under the principle of transparency (European Parliament and Council Regulation No 1049/2001, Art. 4(3)) (see paras 78‑81, 88)
Re:
APPLICATION, first, for annulment of the Commission’s decision of 10 November 2009 rejecting the tender submitted by the consortium of which the applicant is a member in call for tenders EuropAid/127843/D/SER/KOS for the provision of support services to the customs and tax authorities in Kosovo (OJ 2009/S 4‑003683) and, second, for annulment of the Commission’s decision of 26 November 2009 refusing the consortium access to certain documents relating to the call for tenders.
The Court:
1.Dismisses the action as inadmissible in so far as it is directed against the Commission’s decision of 10 November 2009 rejecting the tender submitted by the consortium of which the applicant is a member in call for tenders EuropAid/127843/D/SER/KOS for the provision of support services to the customs and tax authorities in Kosovo;
2.Annuls the Commission’s decision of 26 November 2009 concerning access to certain documents relating to that call for tenders, in so far as it refuses to grant access, in the disclosed version of the evaluation report, to the scores awarded by the evaluation committee as set out on pages 3 to 5 of that report;
3.Dismisses the action as to the remainder;
4.Dismisses the applicant’s application for the instigation of measures of inquiry;
5.Orders Sviluppo Globale GEIE to bear its own costs relating to the main proceedings and to pay three quarters of the costs incurred by the Commission in those proceedings. Orders the Commission to bear one quarter of its costs relating to the main proceedings;
6.Orders Sviluppo Globale to bear all the costs relating to the application for interim relief in Case T‑6/10 R.