Documents filled in ECJ cases

Waiting for an internal review by Legal Service of their handling of this request.

Dear Legal Service,

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:
All documents filled by the parties and Interveners in the following cases:

C-126/97
C-102/81
C-168/05

As regards the language, I prefer to receive documents in English.

Thank you in advance

Yours faithfully,
Aurela Beqari

Legal Service

Dear Ms Beqari,

Thank you for your request for access to documents.
Unfortunately you have not indicated your postal address that is required for registering and handling your request in line with the procedural requirements. Please send us your full postal address at your earliest convenience.

Pending your reply, we reserve the right to refuse the registration of your request.

You may, of course, use directly the electronic form for entering your request:
http://ec.europa.eu/transparency/regdoc/...

Best regards,

Access to documents team
Legal Service

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Dear Legal Service,

I apologize for not subimitting my postal address before.
My postal address is the following:
AURELA BEQARI
Linzergasse 41
5020 Salzburg
Austria
Thank you in advance!

Yours faithfully,
Aurela Beqari

Legal Service

Dear Ms Beqari,

I refer to your email of 12/03/2018 through which you have introduced your request for access to documents. Your request refers to all documents filed by the parties and interveners in cases C-126/97, C-102/81 and C-168/05.

Regarding third-party documents, Article 4(4) of Regulation (EC) No 1049/2001 provides that the institution shall consult the third party with a view to assessing whether an exception in paragraph 1 of 2 is applicable. Therefore, the Legal Service will consult all the parties / interveners on their documents and give them a deadline (10 working days) in order they communicate us the conclusions of their assessment.

Your request is currently being treated. However, the consultation period referred to above adds an additional administrative step to the handling of the requests. Therefore, it will not be possible for the Legal Service to provide you with the reply within the time limit set by Article7(2) of Regulation 1049/2001 regarding public access to documents.

In this respect please also note that the Commission cannot privilege one applicant and has to guarantee that all the requests are dealt with within the deadlines of Regulation (EC) No 1049/2001 or, where not possible as in the present case, to seek for a fair solution, in conformity with Article 6(3) of Regulation (EC) No 1049/2001, that reconciles the interests of the applicant with those of good administration. Please be aware, that following the judgment of the Court in Case C-213/15P Breyer, the Commission has received a large number of access requests concerning a very large total number of documents.

In view of the foregoing, we would like to propose to you a fair solution that enables us to conciliate your interest with the principle of good administration and without prejudice to other applicants' requests. Consequently, we would propose to handle your application by successive batches, taking into consideration the number of documents concerned by each of the cases, as follows:

– First batch: case C-126/97,

– Second batch: case C-102/81,

– Third batch: C-168/05

The part of the request concerning the first batch has already been registered on 12 March 2018 under reference GestDem 2018/1532. The time limit will expire on 05/04/2018. In case this time limit needs to be extended, you will be informed in due course. Once we have replied to the first batch, we will register and deal with the second batch and finally the third batch.

We would kindly ask you for your agreement on this proposal.

Yours sincerely,

Access to documents team
Legal Service

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Dear Legal Service,

I agree with your proposal. The first batch is the most important to me, so I agree with your schedule.
I thank you in advance!

Yours faithfully,

Aurela Beqari

EC ARES NOREPLY,

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Ares(2018)1828189 - RE: request concerning a case more than 30 years
old / re-attribution - RE: access to documents request - Documents filled
in ECJ cases

Sent by ve_oib.os.1.002 (OIB) <[email address]>. All
responses have to be sent to this email address.
Envoyé par ve_oib.os.1.002 (OIB) <[email address]>. Toutes
les réponses doivent être effectuées à cette adresse électronique.

Dear Ms Beqari,

 

A part of your request dated March 12^th and addressed to the Commission's
Legal Service has been redirected to the Historical Archives of the
European Commission, as it concerns a file closed more than 30 years ago:
Court of Justice case C-102/81.

 

In accordance with the Council Regulation (EEC, Euratom) N° 354/83
(modified by the Council Regulations (EC, Euratom) N° 1700/2003 and (EU)
N°496/2015) concerning the opening to the public of the historical
archives, the Historical Archives service ensures the availability to the
public of files and documents of the European Commission which are of
historical, judicial or informative value according to the 30 year rule
([6]http://ec.europa.eu/historical_archives/...).

 

One reference to case C-102/81 has been retrieved in our database. The
file being in paper format, you are invited to visit our search room at
your best convenience:
[7]http://ec.europa.eu/historical_archives/...

 

Please also note that this file is the one constituted by the Legal
Service of the Commission on that Court of Justice case. The Court of
Justice also kept its own records of its cases and transferred them to the
Historical Archives of the European Union (HAUE) in 2015:
[8]https://www.eui.eu/Research/HistoricalAr...
. You may therefore also contact the HAUE in order to get access to Court
of Justice historical documentation.

 

Best regards,

 

 

Historical Archives of the European Commission

 
[9][email address]
[10]http://ec.europa.eu/historical_archives

 

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01D3CCE0.FEE5F3E0
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/ext/doc...
6. http://ec.europa.eu/historical_archives/...
7. http://ec.europa.eu/historical_archives/...
8. https://www.eui.eu/Research/HistoricalAr...
9. mailto:[email address]
10. http://ec.europa.eu/historical_archives

Legal Service

1 Attachment

Dear Mrs Beqari,
 
We refer to your request for access to documents, registered under
reference GestDem 2018/1532, concerning submissions by all the parties to
the Court of Justice in Case C-126/97.
 
Your application is currently being handled by the Legal Service. However,
we have not been in a position to complete the handling of your
application within the time limit of 15 working days, which expires today
on 05/04/2018.
 
An extended time limit is needed as your application concerns documents
originating from third parties. According to Article 4(4) of Regulation
1049/2001, the Commission has to consult those third parties on the
disclosure of their documents. The consultation period is still ongoing
and adds an additional administrative step to the handling of your access
request.
 
Therefore, we have to ask for an extension of the time limit by 15 working
days in accordance with article 7(3) of Regulation 1049/2001. The new time
limit will expire on 26/04/2018.
 
We apologise for this delay and for any inconvenience this may cause.
 
___________________________
EUROPEAN COMMISSION
LEGAL SERVICE
Information and documentation team
 
Email: [1][SJ request email]
 
 
 

References

Visible links
1. mailto:[SJ request email]

Legal Service

1 Attachment

Dear Mrs Beqari,
 
We refer to your above mentioned application under Regulation (EC) No
1049/2001 concerning submissions in Case C-126/97, Eco Swiss China Time
Ltd v Benetton International NV.
 
Please note that the Legal Service is dealing with your request. However,
we have not been in a position of completing its handling within the
extended deadline which expired on 26 April 2018. In fact, the
consultation procedure with third parties, under Article 4(4) of
Regulation, on the disclosure of their documents is still ongoing. Please
be assured that we will do our utmost to reply in the shortest time
possible.
 
We apologize for the delay in providing a reply and for any inconvenience
this may cause.
 
Yours sincerely,
 
___________________________
EUROPEAN COMMISSION
LEGAL SERVICE
Information and documentation team
 
Email: [1][SJ request email]
 
 
 

References

Visible links
1. mailto:[SJ request email]

Legal Service

Dear Mrs Beqari,

As you are aware, the Commission's Legal Service is dealing with your request below.

You have indicated that you would like to receive the documents in English. However, please note that the documents are only available in the language of the proceedings (Dutch in case C-126/97 and Spanish in Case C-168/05) and in French.

Therefore, in case C-126/97 documents are available in Dutch and in French, with the exception of the submission by the United Kingdom (in English).
For case C-168/05 documents are available in Spanish and French.

Could you please confirm in what language would you like to receive the documents to be disclosed ?

Thanks in advance for your response.

___________________________

EUROPEAN COMMISSION
LEGAL SERVICE
Information and documentation team
Email: [SJ request email]
Before printing, think about the environment

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Legal Service

Dear Mrs Beqari,

In order to be able to complete the handling of your request, could you please reply to the email below concerning the linguistic preferences regarding the documents concerned by your request ?

Thank you very much in advance.

Yours sincerely,

___________________________

EUROPEAN COMMISSION
LEGAL SERVICE
Information and documentation team
Email: [SJ request email]

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Legal Service

11 Attachments

Dear Ms Beqari,

 

Please find attached the first part of the reply to your request for
access to documents together with its enclosures referring to case
C-126/97. Due to the size of the attachments a second email will follow
shortly.

 

The reply will be sent to you by certified mail. Please note that the
documents are transmitted only via e-mail.

 

Yours sincerely,

 

Access to Documents team

 

[1]cid:image001.gif@01D1747B.A20B1610
European Commission
Legal Service
Berlaymont

B-1049 Brussels/Belgium

[2][email address]

 

 

References

Visible links
2. mailto:[email address]

Legal Service

15 Attachments

Dear Ms Beqari,

 

Please find attached the second part of the reply to your request for
access to documents together with its enclosures referring to case
C-168/05.

 

Yours sincerely,

 

Access to Documents team

 

[1]cid:image001.gif@01D1747B.A20B1610
European Commission
Legal Service
Berlaymont

B-1049 Brussels/Belgium

[2][email address]

 

 

References

Visible links
2. mailto:[email address]

Dear Legal Service,

first of all I apologize for not replying to you sooner. I understand that it was not possible to send the documents in English and I am very thankful that you sent them in the original language. They will be helpful to me anyway.

Yours faithfully,

Aurela Beqari