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All Documents in Multiple CJEU Cases

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Dear Secretariat General of the European Commission,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:

I request all documents on the CJEU's registry for the following cases:
Case C-293/12
Case C-594/12
Case C-362/14
Case C-582/14
Case C-213/15
Opinion 1/15

In addition, I request transcripts and oral pleadings on these cases held by the European Commission.

Please note that due to the recent court ruling in Breyer v. Commission C-213/15, the European Commission must release all of the documents it has on these cases.

I request a waiver of all fees for this request. I am a member of the news media, and the release of these documents is in the public interest.

If any part of this request is denied, I request to know the reason in writing for each withholding. I also request to be informed on how to appeal.

Yours faithfully,

Rachael Tackett

Generalsekretariat der Europäischen Kommission

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Dear Ms Tackett,
 
Thank you for your request for access to documents.
Unfortunately you have not indicated your postal address that is required
for registering and handling your request in line with the procedural
requirements. Please send us your full postal address at your earliest
convenience. Pending your reply, we reserve the right to refuse the
registration of your request.
You may, of course, use directly the electronic form for entering your
request:
[1]http://ec.europa.eu/transparency/regdoc/...
 
Best regards,
 
ACCESS TO DOCUMENTS TEAM
European Commission
Secretariat General
Unit B4 - Transparency
 
 

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Dear Secretariat General of the European Commission,

You already have my US postal address from my previous requests.

Please reply to this email with the GestDem registration number and the date on which this new request was registered.

Yours faithfully,

Rachael Tackett

Generalsekretariat der Europäischen Kommission

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Dear Ms Tacket,
 
With respect to your questions regarding the provision of a postal address
please find our explanations below.
 
On 1 April 2014, the postal address became a mandatory feature for the
purpose of introducing a request for access to documents.
 
The decision to ask for a postal address from applicants for access to
documents was triggered by the following considerations:
 
•The need to obtain legal certainty as regards the date of receipt of the
reply by the applicant under Regulation 1049/2001. Indeed, as foreseen by
Article 297 of the Treaty on the Functioning of the European Union (TFEU),
[…] decisions which specify to whom they are addressed, shall be notified
to those to whom they are addressed and shall take effect upon such
notification. Replies triggering the possibility for administrative or
judicial redress are therefore transmitted via registered mail with
acknowledgement of receipt. This requires an indication of a valid postal
address by the applicant;
 
•The need to direct the Commission's scarce resources first of all to
those requests which have been filed by "real" applicants. With only a
compulsory indication of an e-mail address, applicants can easily
introduce requests under an invented identity or under the identity of a
third person. Asking for a postal address helps the Commission to protect
the administration, as well as other citizens and legal persons, from
abuse;
 
•For similar reasons, asking for a compulsory indication of a postal
address enables the Commission services to verify whether Article 6(3) of
the Regulation, on voluminous requests, is being evaded by introducing
several requests under different identities. Indeed, in its Ryanair
judgment, the General Court confirmed that Article 6(3) cannot be evaded
by splitting the application into a number of applications. The Commission
would like to point out that, in 2012/2013, it received some 57
confirmatory requests from what it suspects to be one single applicant
operating under 13 different identities;
 
•Knowing whether the applicant is an EU resident in the sense of Article
2(1) of Regulation 1049/2001 is a precondition for the purpose of
correctly applying the exception in Article 4(1)(b) of Regulation
1049/2001 (protection of the privacy and integrity of the individual),
which has to be interpreted in accordance with Data Protection Regulation
45/2001. Article 9 of Regulation 45/2001 requires the adequacy of the
level of protection afforded by the third country or international
organisation when transmitting personal data to third-country residents or
legal persons. It follows that, in case of requests for documents which
include personal data, the correct application of the data protection
rules cannot be ensured in the absence of a postal address enabling the
Commission to ascertain that the minimum data protection standards will be
respected.
 
All of these considerations show that the request for and the consequent
processing of a postal address is not only appropriate but also strictly
necessary for the performance of a task carried out in the public interest
within the meaning of Article 5 (a) of Data Protection Regulation 45/2001,
namely providing a smooth and effective access to documents.
 
 
We also would like to point out that other institutions, such as the Court
of Justice, already ask for the address in their respective electronic
forms for access to documents requests.
 
We therefore kindly reiterate our request to you to provide a full postal
address, so we can duly register and handle your request. Please note
that, once we receive your postal address, we will register your request
for access as an initial application for access to documents in the
meaning of Article 6(1) of Regulation 1049/2001. The deadline for handling
your initial request shall run as from the moment of registration of your
request following the submission of your postal address.
 
Thank you in advance.
 
Kind regards,
 
ACCESS TO DOCUMENTS TEAM
European Commission
Secretariat General
Unit B4 - Transparency
 
 

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Generalsekretariat der Europäischen Kommission

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Dear Ms Tackett,
 
We refer to your e-mail dated 26/07/2017 in which you submitted a request
for access to documents pursuant to [1]Regulation (EC) No 1049/2001 of the
European Parliament and of the Council of 30 May 2001 on public access to
European Parliament, Council and Commission documents. Your application
was registered on 31/07/2017 under the above-mentioned reference.
 
Your application is currently being processed. However, we are not in a
position to handle your request within the time limit of 15 working days,
which expires today on 22/08/2017.
 
An extended time limit is necessary in order to allow us to analyse all
the documents requested.
 
Moreover, your request concerns access to documents contained in the files
of a number of cases before the Court, of which the Commission, with the
exception of its own written submissions, is not the author. In accordance
with Article 4(4) of the above-mentioned Regulation, the Commission has to
consult the third-party authors of these documents so that they can
determine whether an exception under paragraph 1 or 2 is applicable.
 
This adds an additional administrative step to the processing of your
access request. Furthermore, following the judgment of the Court in
[2]Case C-213/15 P, Breyer, the Commission has received multiple access
requests involving a considerable number of documents.
 
Therefore, it will not be possible for us to send you the reply to your
request within the period established under Article 7(1) of Regulation
No 1049/2001. Nevertheless we are making every effort to reply to you as
soon as possible.
 
We apologise for this delay and for any inconvenience it may cause.
 
Yours sincerely,
 
European Commission
Legal Service
Information and Documentation Group
 

References

Visible links
1. http://eur-lex.europa.eu/legal-content/E...
2. http://curia.europa.eu/juris/liste.jsf?l...

Wir sind nicht sicher, ob die letzte Antwort auf diese Anfrage Informationen enthält – »falls Sie Rachael Tackett sind, bitte melden Sich an und lassen es uns wissen.