Ref. Ares(2017)4994972 - 12/10/2017
DIRECTORATE-GENERAL JUSTICE and CONSUMERS
The Director General
By registered letter with acknowledgment of receipt
Mr Peter Teffer
Rue Montoyer 18B
Advance copy by email:
Your application for access to documents – Ref GestDem No
Dear Mr Teffer,
We refer to your email dated 07/09/2017 in which you make a request for access to
documents, registered on 11/09/2017 under the above mentioned reference number.
You request access to the joint letter sent by the European Commission and EU national
consumer authorities to the CEO of Volkswagen.
Your application concerns the following documents: the Letter and the Common Position,
Ref. ARES(2017)4350353, (agreed by national authorities of the Consumer Protection
Cooperation (CPC) network, under the leadership of the Netherlands Authority for
Consumers and Markets (ACM)), dated 06/09/2017, co-signed by Ms Tiina Astola
(Director General of the Directorate General for Justice and Consumers, European
Commission) and Ms Bernadette Van Buchem (Director Consumers, Netherlands Authority
for Consumers and Markets), and sent to Mr Matthias Muller (Chairman of the Board of
the Volkswagen company).
Having examined the documents requested under the provisions of Regulation (EC) No
1049/2001 regarding public access to documents, I regret to inform you that your
application cannot be granted, as disclosure is prevented by the exception to the right of
access laid down in Article 4 of this Regulation.
The documents which you seek to obtain express a number of concerns of the national
consumer authorities, enforcing the EU consumer legislation under the Consumer Protection
Cooperation (CPC) Regulation1, regarding the repair and the guarantee of the Volkswagen
1 Regulation (EC) No 2006/2004 of the European Parliament and of the Council of 27 October 2004 on
cooperation between national authorities responsible for the enforcement of consumer protection laws
(the Regulation on consumer protection cooperation)
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Office: LX40 05/080, Telephone: +32 229-64172, E-mail: [email address]
group's diesel cars affected by a non-authorised emission management defeat software.
Those documents are part of ongoing investigations by national consumer protection
authorities regarding a possible infringement of EU consumer law.
We have considered whether partial access could be granted to the documents requested.
However, the confidentiality of the current national investigations does not allow such
The exceptions laid down in Article 4(2) and 4(3) of Regulation 1049/2001 apply unless
there is an overriding public interest in disclosure of the documents. We have duly
examined, in accordance with Regulation 1049/2001, whether there could be an overriding
public interest in disclosure, but we have not been able to identify such an interest.
In accordance with Article 7(2) of Regulation 1049/2001, you are entitled to make
a confirmatory application requesting the Commission to review this position.
Such a confirmatory application should be addressed within 15 working days upon receipt
of this letter to the Secretary-General of the Commission at the following address:
Transparency unit SG-B-4
or by email to: [email address]