Ref. Ares(2019)2492347 - 09/04/2019
EUROPEAN COMMISSION
Brussels,
By registered mail with AR
Mr Peter Teffer
EUobserver
Rue Montoyer 18B
1000 Brussels
Belgium
Copy by email:
ask+request-6491-
xxxxxxxx@xxxxxxxx.xxx
Subject:
Your confirmatory application for access to documents under
Regulation (EC) No 1049/2001 - GESTDEM 2019/1258
Dear Mr Teffer,
I refer to your e-mail of 27 March 2019, registered on the same day, in which you submit
a confirmatory application in accordance with Article 7(2) of Regulation (EC) No
1049/2001 regarding public access to European Parliament, Council and Commission
documents1 (hereafter ‘Regulation (EC) No 1049/2001’), registered umber number
GESTDEM 2019/1258.
Your confirmatory application was submitted in relation to your initial application of 6
March 2019 addressed to the Directorate-General for Internal Market, Industry,
Entrepreneurship and SMEs for access to ‘[t]he commission’s legal analysis of the
General Court of the European Union’s Judgment in Cases T-339/16 Ville de Paris v
Commission, T-352/16 Ville de Bruxelles v Commission, T-391/16 Ville de Madrid v
Commission’.
The Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs
identified one document as falling within the scope of your request, to which it granted
wide partial access subject to the redaction of personal data:
- E-mail exchanges of 4 March 2019 from Commissioner Bieńkowska to MEP Van
Brempt, reference Ares (2019)1491348.
In your confirmatory application, you contest the proper identification of the documents
falling within the scope of your request. You argue the following, I quote, ‘[i]n any case,
1 Official Journal L 145 of 31.5.2001, p. 43.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
an email is not a legal analysis. The comments from Commissioner Bieńkowska on 20
February 2019 suggested that there existed some kind of document in which the
Commission's legal services displayed its interpretation of the Court's judgment. It is that
document which I requested - which should have been clear to the DG from my simple
request’.
In view of this, we informed you on 4 April 2019 that we have registered a new request
for access to documents under reference number GESTDEM 2019/2114, addressed to the
Legal service of the European Commission, as it is the competent service to reply to your
request.
Consequently, we will close this confirmatory application, registered under number
GESTDEM 2019/1258.
If, upon receipt of the initial reply from the Legal service, you wish to submit a new
confirmatory request in accordance with Article 7 of the Regulation (EC) No 1049/2001,
you remain free to do so.
Yours sincerely,
María Oliván Avilés
Head of Unit
2
Electronically signed on 09/04/2019 11:33 (UTC+02) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563