How many Court cases are identified at FRA
Dear European Union Agency for Fundamental Rights,
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:
Relevant information about how many Court Cases are identified at FRA (closed, removed, discontinued, pending Judgment, in pre-litigation / administrative phase or any other (Ombudsman, EDPS, National Courts, etc).
I`ve been following the postings of Kurt Weiss in this website, his requests to different EU institutions and I have to admit that indeed I would like to know what happens at FRA? Which the reality is?
I hereby declare that I am an EU citizen residing within EU borders.
I wanted to confirm this declaration via FRA relevant forms for requesting access to information, as the ones accessible from here
http://curia.europa.eu/jcms/jcms/P_95917/
but I noticed that such forms are not yet available at FRA.
Many thanks indeed and in advance for your reply.
Yours faithfully,
David Nicholson
TO: David Nicholson
Subject: access to information request - How many Court cases are identified at FRA
Dear Sir,
Thank you for your e-mail. We hereby confirm receipt of your application for access to documents on 05 June 2013, which was registered under reference number 2013-incoming-000885.
In accordance with Regulation (EC) No 1049/2001 regarding public access to European Parliament, Council and Commission documents, your application will be handled within 15 working days. The time limit will expire on 26 June 2013. In case this time limit needs to be extended, you will be informed in due course.
Yours faithfully,
Waltraud Heller
FRA Communication Team
Communication Department
European Union Agency for Fundamental Rights
Schwarzenbergplatz 11
1040 Vienna, Austria
Tel: +43 1 58030 858
Email: [email address]
European Union Agency for Fundamental Rights
Schwarzenbergplatz 11
1040 Vienna, Austria
Tel: +43 1 58030-0
Email: [email address]
Visit us on: http://fra.europa.eu | Facebook | Twitter | YouTube | LinkedIn
The EU as a community of values: safeguarding fundamental rights in times of crisis - read more in the FRA 2012 Annual Report Focus, due out 18 June
Helping to make fundamental rights a reality for everyone in the European Union
To the attention of:
Mr David Nicholson
www.asktheeu.org
Vienna, 26 June 2013
2013-outgoing-000983
Subject: Your request of access to documents and information registered under reference number 2013-incoming-000885
Dear Mr Nicholson,
We refer to your email of 5 June 2013 requesting information on “Court Cases or any other” and our reply of 13 June 2013.
We have determined that your request refers to the following cases:
(1) Closed Cases:
-F-58/10, Judgment of the European Civil Service Tribunal of 18 September 2012
-T-397/11, removal order of 26/01/2012 (Reg. No 511368)
-2008-0643 A-1985, 24 October 2008. Relevant documents have been disclosed by the European Data Protection Supervisor (EDPS) under the following link: http://www.asktheeu.org/en/request/reque...
(2) Pending cases:
-F-38/12, lodged 19/03/2012
-F-112/10, Judgment of 11 December 2012, Appeal T-107/13
(3) European Ombudsman:
Cases concerning FRA are on the website of the European Ombudsman.
http://www.ombudsman.europa.eu/cases/adv...
Please note that pursuant to Article 7(2) of Regulation (EC) No 1049/2001, you may make a confirmatory application asking FRA to reconsider its position. Such a confirmatory application should be addressed within 15 working days upon receipt of this email to FRA general e-mail: [email address]
Yours sincerely,
Waltraud Heller
FRA Communication Team
European Union Agency for Fundamental Rights
Schwarzenbergplatz 11
1040 Vienna, Austria
Tel: +43 1 58030-0
Email: [email address]
Visit us on: http://fra.europa.eu | Facebook | Twitter | YouTube | LinkedIn
The EU as a community of values: safeguarding fundamental rights in times of crisis - read more in the FRA 2012 Annual Report Focus.
Helping to make fundamental rights a reality for everyone in the European Union
Dear European Union Agency for Fundamental Rights,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of European Union Agency for Fundamental Rights's handling of my FOI request 'How many Court cases are identified at FRA'.
The FRA did not send me a complete list with cases as requested (i.e. closed, removed, discontinued, pending Judgment, in pre-litigation / administrative phase or any other (Ombudsman, EDPS, National Courts, etc).
The FRA did not reply to my questions (i.e. "... what happens at FRA? Which the reality is? ")
Therefore I request details as follows:
- How many cases of violation of data protection and privacy of FRA employees are already closed by EDPS and how many cases are currently ongoing / pending before the EDPS?
- How many cases are closed before the EU Ombudsman an how many cases ongoing / pending ?
- How many cases of harassment are identified at FRA and the list of institutions which deals with those cases?
- How many cases of unjustified rejection to access documents are identified at FRA? (excluding this public cases of refusal by FRA: http://www.asktheeu.org/en/request/eu_fu...
http://www.asktheeu.org/en/request/tende...
http://www.ombudsman.europa.eu/cases/sum...
http://www.ombudsman.europa.eu/cases/cas...)
- How many internal conflicts are identified at FRA and if the source was identified.
A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.asktheeu.org/request/how_many...
Yours faithfully,
David Nicholson
Dear EU Agency for Fundamental Rights (FRA),
FRA published here http://www.asktheeu.org/en/request/tende... its purchase orders and commitments to several lawyers. I request access to the following information:
- the subject of purchase orders
- the institutions which deals with FRA cases (courts, EDPS, Ombudsman, national court). The FRA reported approximately 20 cases/purchase orders.
- information on this case before EU General Court http://curia.europa.eu/juris/document/do... (i.e. purchase orders for C. Manolopoulos, J. Stuyck and A.- M. Vandromme, acting on behalf of FRA, amounts paid).
I request clarification on why FRA use those purchase orders for goods (see one example here http://www.asktheeu.org/en/request/537/r... )in order to make assignments to its several lawyers. Would be possible to have access to all these Purchase Orders in signed version, as there are several orders not signed. What represent the two amounts in the link above? (cases before different institutions like Court and EU ombudsman?)
And what represent these 3 amounts in the subject of purchase order (which is deleted)
http://www.asktheeu.org/en/request/537/r...
Yours sincerely,
David Nicholson
To the attention of:
Mr David Nicholson
Vienna, 19 July 2013
2013-outgoing-001207
Subject: Your request of access to documents and information
registered under reference number 2013-incoming-000885
Dear Mr Nicholson,
We refer to your email of 5 June 2013 requesting information on “Court
Cases or any other”, our reply of 13 June 2013 and of 26 June, and your
email 29 June 2013 and 8 July 2013.
FRA has thoroughly considered your request for information received on 29
June 2013 and on 8 July with request for additional information, and has
reached the following conclusions.
We would like to reiterate our previous reply of 26 June 2013 in which the
requested information and documents were provided. Unfortunately, we were
unable to identify any further documents to which access could be granted.
In this regard, we would like to therefore draw your attention to Article
6.1 of Regulation (EC) No 1049/2001, which reads as follow: “applications
for access to a document shall be made in […] a sufficiently precise
manner to enable the institution to identify the document”.
Moreover, please note that this decision was also taken in accordance with
FRA’s internal rules and in line with the Code of good administrative
behaviour in particular Article 14.3 [1]European Ombudsman Code stating
that the rules on dealing with enquiries “(…) do not apply to
correspondence which can reasonably be regarded as improper, for example,
because it is repetitive, abusive and/or pointless. Then the Agency
reserves the right to discontinue any such exchange of correspondence”.
We would like to draw your attention to the means of redress against this
decision. You may either bring procedures before the General Court or file
a complaint with the European Ombudsman under the conditions specified
respectively in Art. 263 and 228 of the Treaty on the functioning of the
European Union, and the Regulation (EC) 1049/2001.
Yours sincerely,
European Union Agency for Fundamental Rights
Schwarzenbergplatz 11
1040 Vienna, Austria
Tel: +43 1 58030-0
Email: [email address]
Visit us on: [2]http://fra.europa.eu | [3]Facebook | [4]Twitter |
[5]YouTube | [6]LinkedIn
Helping to make fundamental rights a reality for everyone in the European
Union
The EU as a community of values: safeguarding fundamental rights in times
of crisis - [7]read more in the FRA 2012 Annual Report Focus.
References
Visible links
1. http://www.ombudsman.europa.eu/en/resour...
2. http://www.fra.europa.eu/
3. http://www.facebook.com/fundamentalrights
4. http://twitter.com/#!/EURightsAgency
5. http://youtube.com/user/EUAgencyFRA
6. http://www.linkedin.com/company/eu-funda...
7. http://fra.europa.eu/en/press-release/20...
Dear European Union Agency for Fundamental Rights,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of European Union Agency for Fundamental Rights's handling of my FOI request 'How many Court cases are identified at FRA'.
In FRA reply dated July 19, 2013 is stated:
"In this regard, we would like to therefore draw your attention to Article 6.1 of Regulation (EC) No 1049/2001, which reads as follow: “applications
for access to a document shall be made in […] a sufficiently precise manner to enable the institution to identify the document”.
"Moreover, please note that this decision was also taken in accordance with FRA’s internal rules and in line with the Code of good administrative behaviour in particular Article 14.3 [1]European Ombudsman Code stating that the rules on dealing with enquiries “(…) do not apply to correspondence which can reasonably be regarded as improper, for example, because it is repetitive, abusive and/or pointless. Then the Agency
reserves the right to discontinue any such exchange of correspondence”.
I respectfully request details of what FRA regarded improper in the correspondence above.
I also request relevant info on which of the 3 issues ((repetitive, abusive and/or pointless)) specified by FRA in its letter of 19 July as reason to stop its correspondence is applicable to the present case.
This internal review is addressed specifically to the Executive Director of EU Agency for Fundamental Rights, Vienna, Austria.
A full history of my FOI request and all correspondence is available on the Internet at this address: http://www.asktheeu.org/en/request/how_m...
Yours faithfully,
David Nicholson
To the attention of:
Mr David Nicholson
Vienna, 14 August 2013
2013-outgoing-001207
Subject: Your request of access to documents and information
registered under reference number 2013-incoming-000885
Dear Mr Nicholson,
We refer to your request for access to documents initially received on 5
June 2013 and registered under reference number 2013-incoming-000885, and
subsequent exchange of emails.
Your initial request of 5 June referred to documents containing “(…)
relevant information about how many Court Cases are identified at FRA
(closed, removed, discontinued, pending Judgment, in pre-litigation /
administrative phase or any other (Ombudsman, EDPS, National Courts,
etc)”.
FRA thoroughly examined your application in accordance with Regulation
1049/2001 and provided you on 26 June with requested information and
documents that we were able to identify.
In your confirmatory application of 29 June and its amendment of 8 July
you requested further information and documents. Following our answer of
19 July and your request of 24 July for internal review, we have
re-examined your application and reached the following conclusions. In
order to ensure the clarity of our reply we will follow the structure of
your requests.
Email dated: 29 June
Question 1.
"...what happens at FRA? Which the reality is?”
Answer:
Unfortunately, the description given in this point does not enable us to
identify concrete documents which would correspond to the terms of your
request. Once we have a precise and proper view of the case files to which
you would like to ask for public access to documents, we would be able to
register a separate request for public access to documents and handle it
accordingly.
Question 2.
“How many cases of violation of data protection and privacy of FRA
employees are already closed by EDPS and how many cases are currently
ongoing / pending before the EDPS?”
Answer:
You mentioned in your initial request that you have been following the
postings of Mr Kurt Weiss at asktheeu. We would like to therefore draw
your attention to information already provided by EDPS on this subject,
which you may find under following link:
[1]http://www.asktheeu.org/en/request/reque...
Question 3.
“How many cases are closed before the EU Ombudsman and how many cases
ongoing / pending?”
Answer:
We have already provided you with a link to the European Ombudsman website
with all relevant information. In case you had difficulties with accessing
the link, please find a new one herewith:
[2]http://www.ombudsman.europa.eu/cases/adv... We would
also like to draw your attention to the reply you received in this regard
from the European Ombudsman and which you may access here:
[3]http://www.asktheeu.org/en/request/artic...
Question 4.
“How many cases of harassment are identified at FRA and the list of
institutions which deals with those cases?”
Answer:
Having thoroughly re-examined your application, we would like to inform
you that there are no harassment cases identified at FRA.
Question 5.
”How many cases of unjustified rejection to access documents are
identified at FRA?”
Answer:
Upon receipt of your request we checked whether there was any such a case,
but nothing could be identified, so as far as we can be aware, FRA has no
unjustified rejections of applications for access to documents.
Question 6.
“How many internal conflicts are identified at FRA and if the source was
identified.”
Answer:
Unfortunately, the description given in this point does not enable us to
identify concrete documents which would correspond to the terms of your
request. Once we have a precise and proper view of the case files to which
you would like to ask for public access to documents, we would be able to
register a separate request for public access to documents and handle it
accordingly.
Amendment dated: 08 July
Question 7.
“(…) its purchase orders and commitments to several lawyers. I request
access to the following information:
- the subject of purchase orders
- the institutions which deals with FRA cases (courts, EDPS, Ombudsman,
national court). The FRA reported approximately 20 cases/purchase orders.
- information on this case before EU General Court
http://curia.europa.eu/juris/document/do... (i.e. purchase orders for C.
Manolopoulos, J. Stuyck and A.- M. Vandromme, acting on behalf of FRA,
amounts paid).”
Answer:
a) We regret to inform you that the expunged parts of the documents (i.e.
unit price, subject of purchase orders, bank account etc.) cannot be
disclosed as this would “(…) undermine the protection of commercial
interests of a natural persons, including intellectual property” (Article
4(2), first indent of the Regulation). Therefore we must reiterate the
position expressed already in our reply to Mr Weiss. Please be encouraged
to continue following our communication with Mr Weiss, which is available
under this link:
[4]http://www.asktheeu.org/en/request/tende...
b) Having examined the documents (i.e. purchase orders) requested in your
application referring to Case T-397/11, we came to the conclusion that
they may be partially disclosed as the full disclosure could “(…)
undermine the protection of commercial interests of a natural persons,
including intellectual property” (Article 4(2), first indent of the
Regulation). These documents you may find attached.
However, please note that there are no purchase orders for Mr C.
Manolopoulos as he is a staff member.
Question 8.
“I request clarification on why FRA use those purchase orders for goods
(…) in order to make assignments to its several lawyers. Would be possible
to have access to all these Purchase Orders in signed version, as there
are several orders not signed. What represent the two amounts in the link
above? (cases before different institutions like Court and EU ombudsman?)
And what represent these 3 amounts in the subject of purchase order?”
Answer:
We would like to inform you that these purchase orders refer to different
tasks, which were carried out in the course of several years. They often
refer to the same case. Hence, e.g. these two amounts on one purchase
order refer to two different tasks carried out in that year. The same
applies to three amounts on another purchase order.
Email dated: 24 July
Question 9.
“I respectfully request details of what FRA regarded improper in the
correspondence above.
I also request relevant info on which of the 3 issues ((repetitive,
abusive and/or pointless)) specified by FRA in its letter of 19 July as
reason to stop its correspondence is applicable to the present case”.
Please note that FRA hasn’t classified this correspondence nor decided to
discontinue it.
Concerning Article 14.3 of the Code of good of administrative behaviour,
FRA agrees with interpretation of this Article provided by the European
Ombudsman, which is accessible under following link:
[5]http://www.asktheeu.org/en/request/artic...
Yours sincerely,
European Union Agency for Fundamental Rights
Schwarzenbergplatz 11
1040 Vienna, Austria
Tel: +43 1 58030-0
Email: [email address]
Visit us on: [6]http://fra.europa.eu | [7]Facebook | [8]Twitter |
[9]YouTube | [10]LinkedIn
Helping to make fundamental rights a reality for everyone in the European
Union
The EU as a community of values: safeguarding fundamental rights in times
of crisis - [11]read more in the FRA 2012 Annual Report Focus.
References
Visible links
1. http://www.asktheeu.org/en/request/reque...
2. http://www.ombudsman.europa.eu/cases/adv...
3. http://www.asktheeu.org/en/request/artic...
4. http://www.asktheeu.org/en/request/tende...
5. http://www.asktheeu.org/en/request/artic...
6. http://www.fra.europa.eu/
7. http://www.facebook.com/fundamentalrights
8. http://twitter.com/#!/EURightsAgency
9. http://youtube.com/user/EUAgencyFRA
10. http://www.linkedin.com/company/eu-funda...
11. http://fra.europa.eu/en/press-release/20...
Dear EU Agency for Fundamental Rights (FRA),
Before to reply and submit an internal review request, would be possible to know if what is stated in this FRA last email reflects the position of the agency as a whole or of spokespersons or communicators of FRA. I mean if these not identifiable responses are endorsed by FRA. Initially these replies were signed by Mr Heller Waltraub but at one point there was no signature (name). Thank you for this clarification.
Yours sincerely,
David Nicholson
To the attention of:
Mr David Nicholson
Vienna, 06 September 2013
2013-outgoing-001481
Subject: Your request of access to documents and information
registered under reference number 2013-incoming-000885
Dear Mr Nicholson,
We refer to your request for access to documents initially received on 5
June 2013 and registered under reference number 2013-incoming-000885, and
subsequent exchange of emails.
In reply to your email received on 19 of August, we would like to inform
you that all replies to applications for access to documents are handled
in accordance with the Management Board’s Decision no 2012/10 concerning
the arrangements for the implementation of Regulation (EC) No 1049/2001 on
public access to documents.
This decision was published and is available on FRA’s website under
following link:
[1]http://fra.europa.eu/sites/default/files...
Please take note of means of redress available to you against decisions
laid down hereby. You may either bring procedures before the General Court
or file a complaint with the European Ombudsman under the conditions
specified respectively in Art. 263 and 228 of the Treaty on the
functioning of the European Union, and the Regulation (EC) 1049/2001.
Yours sincerely,
European Union Agency for Fundamental Rights
Schwarzenbergplatz 11
1040 Vienna, Austria
Tel: +43 1 58030-0
Email: [email address]
Visit us on: [2]http://fra.europa.eu | [3]Facebook | [4]Twitter |
[5]YouTube | [6]LinkedIn
Helping to make fundamental rights a reality for everyone in the European
Union
FRA online toolkit to help connect public officials at all levels,
[7]available 25 September.
References
Visible links
1. http://fra.europa.eu/sites/default/files...
2. http://www.fra.europa.eu/
3. http://www.facebook.com/fundamentalrights
4. http://twitter.com/#!/EURightsAgency
5. http://youtube.com/user/EUAgencyFRA
6. http://www.linkedin.com/company/eu-funda...
7. http://fra.europa.eu/en/project/2011/joi...
Dear EU Agency for Fundamental Rights (FRA),
Thank you for your reply.
I take note of the new documents disclosed after FRA previously guaranteed that there are no any other documents to be disclosed. However there were such documents and they came after my second request which FRA qualified as being repetitive, improper and abusive. Moreover it issued a warning on me that the correspondence will be discontinued.
Which legislation FRA applies? Who entitles FRA to behave in this way with citizens?
I kindly invite you to read your email above. Try some seconds to be an ordinary citizen. What do you feel?
What I, as a taxpayer felt, I expressed here http://www.asktheeu.org/en/request/audit...
I also asked further details from EU ombudsman http://www.asktheeu.org/en/request/artic...
I would have some more questions but I will come back after receiving the clarification from Ombudsman. I do not want any further apostrophizing.
In case you would like to know my opinion about FRA way of dealing with requests to access documents, here it is. To some extent the FRA seems to be rude with citizens. There is a kind of aggressiveness which I felt and I translate it like this "stay away from Regulation 1049, if you continue to ask more questions we will give you an warning or apostrophizing or whatever". My apologies for sharing this with you, but as you are an agency for fundamental rights, rights which are applicable to citizens (human rights) maybe such sincerity could help you in your mission and mandate.
Thank you very much.
Yours sincerely,
David Nicholson
This message was created automatically by mail delivery software.
A message that you sent could not be delivered to one or more of its
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Dear EU Agency for Fundamental Rights (FRA),
There was an error on receiving my email to FRA. This is the error notice
This message was created automatically by mail delivery software.
A message that you sent could not be delivered to one or more of its
recipients. This is a permanent error. The following address(es) failed:
[email address]
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I transfer my email below:
Dear EU Agency for Fundamental Rights (FRA),
Thank you for your reply.
I take note of the new documents disclosed after FRA previously
guaranteed that there are no any other documents to be disclosed.
However there were such documents and they came after my second
request which FRA qualified as being repetitive, improper and
abusive. Moreover it issued a warning on me that the correspondence
will be discontinued.
Which legislation FRA applies? Who entitles FRA to behave in this
way with citizens?
I kindly invite you to read your email above. Try some seconds to
be an ordinary citizen. What do you feel?
What I, as a taxpayer felt, I expressed here
http://www.asktheeu.org/en/request/audit...
I also asked further details from EU ombudsman
http://www.asktheeu.org/en/request/artic...
I would have some more questions but I will come back after
receiving the clarification from Ombudsman. I do not want any
further apostrophizing.
In case you would like to know my opinion about FRA way of dealing
with requests to access documents, here it is. To some extent the
FRA seems to be rude with citizens. There is a kind of
aggressiveness which I felt and I translate it like this "stay away
from Regulation 1049, if you continue to ask more questions we will
give you an warning or apostrophizing or whatever". My apologies
for sharing this with you, but as you are an agency for fundamental
rights, rights which are applicable to citizens (human rights)
maybe such sincerity could help you in your mission and mandate.
Thank you very much.
Yours sincerely,
David Nicholson
This message was created automatically by mail delivery software.
A message that you sent could not be delivered to one or more of its
recipients. This is a permanent error. The following address(es) failed:
[email address]
SMTP error from remote mail server after initial connection:
host mail.fra.europa.eu [212.166.106.15]: 554-mailoffice.fra.europa.eu
554 Your access to this mail system has been rejected due to the sending MTA's poor reputation. If you believe that this failure is in error, please contact the intended recipient via alternate means.
Dear European Union Agency for Fundamental Rights,
In this link http://www.asktheeu.org/en/request/annua... the representative of Court - Mr Fretwell Christopher, replied with the reference to some discrepancies around case F-58/10 that:
"As of this moment, no such application has been made in Case F-58/10"
Would be possible to know if FRA or the other party in the case F-58/10 (Mr Timo Allgaier) intend to submit such application as described in the link above.
Thanks.
Yours faithfully,
David Nicholson
This message was created automatically by mail delivery software.
A message that you sent could not be delivered to one or more of its
recipients. This is a permanent error. The following address(es) failed:
[FRA request email]
SMTP error from remote mail server after initial connection:
host mail.fra.europa.eu [212.166.106.15]: 554-mailoffice.fra.europa.eu
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David Nicholson hat eine Nachricht hinterlassen ()
Initial Request - June 05, 2013
FRA Reply - June 26, 2013
Confirmatory Application - June 29, 2013
Addendum to initial request, based on some sensitive facts published in asktheeu website - July 08, 2013
Reply of FRA dated July 19, 2013 and Warning stating that the correspondence will be discontinued in accordance with Article 14.3 of European Ombudsman Code.
Reasons provided by FRA are to be identified in FRA Reply dated July 19, 2013, copy pasted below:
"Unfortunately, we were
unable to identify any further documents to which access could be granted.
In this regard, we would like to therefore draw your attention to Article
6.1 of Regulation (EC) No 1049/2001, which reads as follow: “applications
for access to a document shall be made in […] a sufficiently precise
manner to enable the institution to identify the document”.
Moreover, please note that this decision was also taken in accordance with FRA’s internal rules and in line with the Code of good administrative behaviour in particular Article 14.3 [1]European Ombudsman Code stating that the rules on dealing with enquiries “(…) do not apply to correspondence which can reasonably be regarded as improper, for example, because it is repetitive, abusive and/or pointless. Then the Agency
reserves the right to discontinue any such exchange of correspondence”.