Official Journal of the European Union

C 463/33

(Case T-524/21) (<span class="oj-super oj-note-tag">1</span>)

(Access to documents - Regulation (EC) No 1049/2001 - Commission correspondence with AstraZeneca and the German authorities concerning the quantity of COVID-19 vaccines and their delivery times - Exception relating to the protection of court proceedings - Documents having been produced in the context of court proceedings that were closed at the time of adoption of the decision refusing access to those documents - Exception relating to the protection of privacy and the integrity of the individual - Exception relating to the protection of commercial interests of a third party)

(2022/C 463/46)

Language of the case: German

Parties

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

Defendant: European Commission (represented by: G. Gattinara, K. Herrmann and A. Spina, acting as Agents)

Re:

By his action based on Article 263 TFEU, the applicant seeks annulment, first, of Commission Decision C(2021) 5327 final of 13 July 2021 refusing the confirmatory application for access to certain documents, and, secondly, of Commission Decision C(2022) 870 final of 7 February 2022 refusing access to certain documents.

Operative part of the judgment

The Court:

1.Declares that there is no longer any need to adjudicate on the claim for annulment of Commission Decision C(2021) 5327 final of 13 July 2021 refusing the confirmatory application for access to certain documents;

2.Annuls Commission Decision C(2022) 870 final of 7 February 2022, in so far as it refused Mr Hans-Wilhelm Saure access to the following documents:

—an annex to the bid submitted by AstraZeneca (document No 1.2);

—a document of 12 June 2020 exchanged between AstraZeneca and the governments of a number of Member States for the negotiation and conclusion of a financing contract (document No 2);

—a draft financing contract sent by AstraZeneca on 24 June 2020 to the governments of a number of Member States (document No 3);

—a document of 20 November 2020 concerning the second payment instalment provided for in the advance purchase agreement concluded with AstraZeneca (document No 5);

—the presentations used by AstraZeneca during the meetings of the Steering Committee of 4 December 2020, 22 January, 1, 11, 19 and 23 February and 11 March 2021 (document No 6);

—a presentation used by AstraZeneca during a meeting of 7 December 2020 (document No 7);

—a presentation used by AstraZeneca during a meeting of 19 January 2021 (document No 8);

—a document relating to the vaccine delivery dates (document No 9) with five annexes (documents No 9.1 to No 9.5);

—a presentation used by AstraZeneca during a meeting of the Steering Committee of 25 January 2021 (document No 10);

—part of the emails exchanged between the Commission and AstraZeneca on 27 July 2020 (document No 11);

3.Dismisses the action as to the remainder;

4.Orders the European Commission to pay the costs.

*

Language of the case: German.

(1) OJ C 412, 11.10.2021.