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Dear Competition,

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:

- ethical guidelines issued to Commission trained forensic investors when recovering information from companies under investigation
- sanctions which are taken, if any, against forensic investigators using their skills in order to recover information from companies, not under investigation, for personal gain

Yours faithfully,

Dharminder Birdi

Generaldirektion Wettbewerb

1 Attachment

Link: [1]File-List
Link: [2]Edit-Time-Data

Dear Sir,

 

We refer to your email sent on 27/01/2019 with the request for access to
documents.

 

Unfortunately we cannot find in our database your postal address which is
required for registering and handling your request in line with the
procedural requirements under Regulation 1049/2001.

 

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:
 [3]http://ec.europa.eu/transparency/regdoc/...

 

Best regards,

 

[4]cid:image001.png@01D2AE41.EADC5060

 

COMP Access to Documents team

DG Competition-European Commission

MADOU-12-85      B-1049 Brussels/Belgium
email: [5][email address]

 

 

 

Zitate anzeigen

Dear Competition,

I would prefer to receive a reply to this in electronic form. This is my right under Regulation 1049/2001.

Yours faithfully,

Dharminder Birdi

Generaldirektion Wettbewerb

1 Attachment

Dear Sir,

 

With respect to 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.

 

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.

 

Yours faithfully,

 

 

[1]cid:image001.png@01D2AE41.EADC5060

 

Access to Documents team

DG Competition-European Commission

MADOU-12-85      B-1049 Brussels/Belgium
email: [2][email address]

 

 

Zitate anzeigen

Generaldirektion Wettbewerb

2 Attachments

Dear Mr. Birdi,
 
Please find attached a note relating to the above-mentioned request.
 
Kind regards,
 
Eleni XENOKRATI
Case assistant
 
European Commission
DG Competition
Unit G5: Cartels V
Madou 5/92
B-1049 Brussels/Belgium
( +32 2 29 63 341
* [1][email address]
Competition websites: [2]http://ec.europa.eu/competition
DISCLAIMER
"The views expressed are purely those of the writer and may not in any
circumstances be regarded as stating an official position of the European
Commission."
 
 
 
 
 
 

References

Visible links
1. mailto:[email address]
2. http://ec.europa.eu/competition

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