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Case T-201/21: Judgment of the General Court of 14 June 2023 — Covington & Burling and Van Vooren v Commission (Access to documents — Regulation (EC) No 1049/2001 — Standing Committee for Plants, Animals, Food and Feed — Individual positions of the Member States — Refusal to grant access — Article 4(3) of Regulation No 1049/2001 — Exception relating to protection of the decision-making process — Comitology — Regulation (EC) No 1925/2006)
ECLI:EU:UNKNOWN:62021TA0201
62021TA0201
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31.7.2023
Official Journal of the European Union
C 271/24
(Case T-201/21) (<span class="oj-super oj-note-tag">1</span>)
(Access to documents - Regulation (EC) No 1049/2001 - Standing Committee for Plants, Animals, Food and Feed - Individual positions of the Member States - Refusal to grant access - Article 4(3) of Regulation No 1049/2001 - Exception relating to protection of the decision-making process - Comitology - Regulation (EC) No 1925/2006)
(2023/C 271/35)
Language of the case: English
Parties
Applicants: Covington & Burling LLP (Saint-Josse-ten-Noode, Belgium), Bart Van Vooren (Meise, Belgium) (represented by: P. Diaz Gavier, lawyer)
Defendant: European Commission (represented by: C. Ehrbar and A. Spina, acting as Agents)
Re:
By their action based on Article 263 TFEU, the applicants seek the annulment of the implied decision of the European Commission of 12 March 2021 and of confirmatory decision C(2021) 2541 final of the Commission of 7 April 2021, by which their application for access to the documents relating to the voting of the Member States in a comitology procedure concerning the amendment of Annex III to Regulation (EC) No 1925/2006 of the European Parliament and of the Council as regards botanical species containing hydroxyanthracene derivatives was refused.
Operative part
The Court:
1.Declares that there is no longer any need to adjudicate on the claim for annulment of the implied decision refusing access of 12 March 2021;
2.Annuls decision C(2021) 2541 final of the European Commission of 7 April 2021 to the extent that it refuses access to the individual votes of the representatives of the Member States on the basis of the second subparagraph of Article 4(3) 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;
3.Dismisses the action as to the remainder;
4.Orders the Commission to pay the costs.
* * *
(<span class="oj-super">1</span>) OJ C 217, 7.6.2021.