EU Member states observation (and all other statements) submitted to the CJEU regarding the decisions: C‑284/16; C-741/19; C‑109/20

Lorenz Wiltschke made this access to documents request to Court of Justice of the European Union

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The request was refused by Court of Justice of the European Union.

Dear Court of Justice of the European Union,

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:

EU Member states' observation (and all other statements) submitted to the CJEU prior to issuing the decision regarding:

- the Achmea decision C‑284/16;
- the Moldova vs Komstroy decision C-741/19;
- the Poland vs PL-Holding decision C‑109/20

I apply for these documents during my research for my master's thesis at Leiden University.
Thank you very much in advance.

Yours faithfully,
Lorenz Wiltschke

Registry ECJ, Court of Justice of the European Union

Dear Mr Wiltschke,

 

As far as access to documents held by the Court is concerned, we would
like to draw your attention, first, to the fact that access to documents
held by the Court of Justice in the exercise of its administrative
functions is subject to the Decision of 26 November 2019 of the Court,
which you can find together with all the relevant information on the
internet ([1]https://curia.europa.eu/jcms/jcms/P_1848...

 

Second, as for access to documents held by the Cour of Justice of the
European Union in the exercise of its judicial function, we need to point
out that it is the practice of the Court to treat all procedural documents
as confidential and not to allow access to such documents to persons who
are not a party to the case.

 

Although the Statute of the Court of Justice provides that the Court
hearings are to be public, it restricts those entitled to receive
communication of procedural documents to the parties and to the
institutions whose decisions are in dispute. Similarly, the Rules of
Procedure provide for procedural documents to be served only on the
parties to the proceedings. Therefore, neither the Statute of the Court of
Justice nor the Rules of Procedure provide for any third-party right of
access to documents submitted to the Court in the exercise of its judicial
function.

 

Procedural documents may only become accessible 30 years after the case
has been closed, provided that the conditions laid down in the rules on
the Historical Archives of the European Union are met, and without
prejudice to an individual assessment of each request. For further
information, please refer to our website:
[2]https://curia.europa.eu/jcms/jcms/P_1848...

 

Note in this regard, that the Court of Justice does not fall under the
institutions covered by Regulation (EC) No 1049/2001 of the European
Parliament and of the Council of 30 May 2001 regarding public access to
European Parliament, Council and Commission documents.

 

In your request, you do not claim to be a party to proceedings before the
Court, with regard to which you seek access to documents. You must
therefore be considered a third party to the case you are referring to.

 

In such circumstances, we regret to inform you that the Court is unable to
accede to your request.

 

 

           The Registry of the Court of Justice

 

 

The institutions, bodies, offices and agencies of the European Union
process personal data in accordance with Regulation (EU) 2018/1725 (OJ
2018 L 295, p. 39). Your data have been processed by the Court Registry
([3][email address]) for the purpose of replying to your
application. A copy of this reply will be kept by the Registry for two
years. For further information, please consult the Court’s website
([4]https://curia.europa.eu/jcms/jcms/a1_109...).

 

 

 

 

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