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Council of the European Union
General Secretariat
Directorate-General Communication and Information - COMM
Directorate Information and Outreach
Information Services Unit / Transparency
Head of Unit
Brussels, 4 November 2024
Mr Alberto Alemanno
Email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Ref. 24/2569
Request made on: 03.10.2024
Registered on:
04.10.2024
Deadline extension: 25.10.2024
Dear Mr Alemanno,
Thank you for your request for access to documents of the Council of the European Union.
1 The requested document (ST 13861/24) contains a letter from the Permanent Representative of
the Government of the Portuguese Republic to the Secretary General of the Council concerning
the nomination put forward by the Government of the Portuguese Republic for the post of Judge of
the Court of Justice of the European Union.
Some parts of the requested document cannot be disclosed based on the exception related to the
protection of privacy and the integrity of the individual (Article 4(1)(b) of Regulation (EC)
No 1049/2001). These parts contain the names of the person nominated by the Portuguese
Republic for the post of judge of the Court of Justice of the EU. The disclosure of this personal
data does not fulfil the conditions under Article 9 of Regulation (EU) 2018/1725 nor constitutes
lawful processing in accordance with the requirements of Article 5 of that regulation.
In particular, the personal data in question could be transmitted to you if:
a)
you show that the transfer of the requested personal data is necessary – that is to say, that it
is the most appropriate measure to achieve the objective pursued by you and if it is
proportionate to that objective, and
b)
such a disclosure should not prejudice disproportionally the legitimate interests of the
individual concerned.
1
The General Secretariat of the Council has examined your request on the basis of the applicable rules:
Regulation (EC) No 1049/2001 of the European Parliament and of the Council regarding public access to
European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43) and the specific
provisions concerning public access to Council documents set out in Annex II to the Council's Rules of Procedure
(Council Decision No 2009/937/EU, OJ L 325, 11.12.2009, p. 35).
Rue de la Loi/Wetstraat 175 - B-1048 Bruxelles/Brussel - Belgique/België
Tel. +32 (0)2 281 67 10 - www.consilium.europa.eu - xxxxxx@xxxxxxxxx.xxxxxx.xx
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We consider that in the case at hand, on the one hand, the necessity of the transfer of the
requested personal data has not been established in the application and, on the other hand, it
cannot be excluded that the disclosure of the requested personal data could cause harm to the
reputation of the candidate and therefore would prejudice his legitimate interests.
In the view of the foregoing, the General Secretariat of the Council provides you with partial access
to the requested document.
You can ask the Council to review this decision within 15 working days of receiving this reply
(confirmatory application).
Yours sincerely,
Fernando FLORINDO
Enclosure
Rue de la Loi/Wetstraat 175 - B-1048 Bruxelles/Brussel - Belgique/België
Tel. +32 (0)2 281 67 10 - www.consilium.europa.eu - xxxxxx@xxxxxxxxx.xxxxxx.xx
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Document Outline
