This is an HTML version of an attachment to the Freedom of Information request 'Hearing undertaken by European Commission in the frame of article 15 (3) third indent of the Council Regulation 168/2007'.
Date: Sun, 29 Sep 2013 16:43:27 +0000
Subject: Re: Your e-mails dated 28 July 2013 and 7 August 2013, OF/2007/0488, LA/811
From: [FOI #453 email]
To: [email address]

Dear Mr Carlos Remis, Dear Ms Le Bail,

I refer to your email of 26 September 2013.
Apparently you forgot to annex the Reply of Ms Francoise Le Bail – Director General. I referred that I will not submit confirmatory application in respect of the content of Letter of Ms Le Bail (on protection of privacy of Mr Morten Kjaerum CDRs for his mandate renewal|). But this is not the case for the parts of my Requests allocated to OLAF to deal with.
Having regard to the above and in line with the spirit of correctness, fairness and full transparency may I kindly ask you to publish also the Reply of Ms LEBAIL with ref.
JUST/Cl/JD/vh/ 2946535s in asktheeu website. As you might be aware, I proposed EC to have a transparent and public communication taking view to the subject in question, but EC wanted to do it privately, via e-mail. I accepted and sent the respective communications via email, as requested by European Commission/ DG Justice, Ms Le Bail`s services, in order to protect privacy of CDRs of Mr Morten Kjaerum. But I see now that you published only my communications and not also the Letter of Ms Francoise Le Bail JUST/Cl/JD/vh/ 2946535s. I respectfully ask to publish also this letter in asktheeu website. I confirm that there will be no confirmatory application for this part of my request (CDRs) but respectfully ask the publication of Ms Lebail letter JUST/Cl/JD/vh/ 2946535s.

Finally, I would like to request access to EC/SG Rules of Dealing with Requests to access documents via public channel and via private channel. When a Request to access documents is to be treated publicly and when privately? Which are the exceptions for the EU Institutions as EC to not publish its communication but only to publish the Requester communications in public channel (after EC requested to use private channel). Apparently the equal treatment is not applied for both parties and I would like to access relevant documents to understand why this happened in respect to my Request.

Thank you very much.

Yours faithfully,

Kurt Weiss

-----Original Message-----

Dear Mr Weiss,



Please find herewith a note from our Director Ms Kneuer for your
information.



Best regards,





[1]cid:image001.png@01CE1437.0F722A20

European Commission

DG OLAF

Unit C.4- Legal advice











References

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