Questions referred for a preliminary ruling by Najvyšší súd Slovenskej republiky - Slovakia in case ZSE Elektrárne C-151/23
Dear Court of Justice of the European Union,
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:
The information submitted to the Court of Justice of the European Union in respect of case ZSE Elektrárne C-151/23. Ideally I would like to receive all information that was submitted, in English language, but if that is not possible (on short term) only the questions in Slovak would be fine too.
Yours faithfully,
Kelvin Hulsebos
Helgoland 10
1506 BW Zaandam
The Netherlands
Dear Court of Justice of the European Union,
By law, the Court of Justice of the European Union should normally have responded promptly and by April 11, 2023
Yours faithfully,
Kelvin Hulsebos
Dear Sir,
As far as access to documents held by the Court is concerned, we would like to draw your attention, first, to the fact that access to documents held by the Court of Justice in the exercise of its administrative functions is subject to the Decision of 26 November 2019 of the Court, which you can find together with all the relevant information on the internet (https://curia.europa.eu/jcms/jcms/P_1848...).
Second, as for access to documents held by the Cour of Justice of the European Union in the exercise of its judicial function, we need to point out that it is the practice of the Court to treat all procedural documents as confidential and not to allow access to such documents to persons who are not a party to the case.
Although the Statute of the Court of Justice provides that the Court hearings are to be public, it restricts those entitled to receive communication of procedural documents to the parties and to the institutions whose decisions are in dispute. Similarly, the Rules of Procedure provide for procedural documents to be served only on the parties to the proceedings. Therefore, neither the Statute of the Court of Justice nor the Rules of Procedure provide for any third-party right of access to documents submitted to the Court in the exercise of its judicial function.
Procedural documents may only become accessible 30 years after the case has been closed, provided that the conditions laid down in the rules on the Historical Archives of the European Union are met, and without prejudice to an individual assessment of each request. For further information, please refer to our website: https://curia.europa.eu/jcms/jcms/P_1848...
Note in this regard, that the Court of Justice does not fall under the institutions covered by 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.
In your request, you do not claim to be or to have been a party to any proceedings before the Court. You must therefore cannot accede to any files in the pending or closed cases that are kept by the Court.
In any event, unsolicited documents, including amicus curiae briefs, which are not foreseen by the rules governing the procedure before the Court of Justice, are in principle not registered and included in a file of the corresponding case, but rather returned to the sender. The Registry of the Court does not keep a track or statistics of such submissions.
The Registry of the Court of Justice
The institutions, bodies, offices and agencies of the European Union process personal data in accordance with Regulation (EU) 2018/1725 (OJ 2018 L 295, p. 39). Your data have been processed by the Court Registry ([email address]) for the purpose of replying to your application. A copy of this reply will be kept by the Registry for two years. For further information, please consult the Court’s website (https://curia.europa.eu/jcms/jcms/a1_109...).