Reply VW letter

The request was successful.

Dear Madam, Sir

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:

The reply received by the European Commission to the joint letter sent by the European Commission and EU consumer authorities to the CEO of Volkswagen

All the best,
Peter Teffer
EUobserver
Rue Montoyer 18B
1000 Brussels
Belgium

Justice and Consumers

Dear Sir,
 
Thank you for your e-mail dated 13/10/2017.  We hereby acknowledge receipt
of your application for access to documents, which was registered on
16/10/2017 under reference number GESTDEM 2017/6003.
 
In accordance with Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents, your application
will be handled within 15 working days. The time limit will expire on
09/11/2017. In case this time limit needs to be extended, you will be
informed in due course.
 
You have lodged your application via the AsktheEU.org website. Please note
that this is a private website which has no link with any institution of
the European Union. Therefore the European Commission cannot be held
accountable for any technical issues or problems linked to the use of this
system.
 
Yours faithfully,
JUST ACCESS DOCUMENTS
 
 
 
-----Original Message-----
From: Peter [[1]mailto:[FOI #4713 email]]
Sent: Friday, October 13, 2017 4:39 PM
To: JUST ACCES DOCUMENTS
Subject: access to documents request - Reply VW letter
 
Dear Madam, Sir
 
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:
 
The reply received by the European Commission to the joint letter sent by
the European Commission and EU consumer authorities to the CEO of
Volkswagen
 
All the best,
Peter Teffer
EUobserver
Rue Montoyer 18B
1000 Brussels
Belgium
 
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This is a request for access to information under Article 15 of the TFEU
and, where applicable, Regulation 1049/2001 which has been sent via the
AsktheEU.org website.
 
Please kindly use this email address for all replies to this request:
[2][FOI #4713 email]
 
If [3][DG JUST request email] is the wrong address for
information requests to Justice and Consumers, please tell the
AsktheEU.org team on email [4][email address]
 
This message and all replies from Justice and Consumers will be published
on the AsktheEU.org website. For more information see our dedicated page
for EU public officials at [5]https://www.asktheeu.org/en/help/officers
 
 
 
 

References

Visible links
1. mailto:[FOI #4713 email]
2. mailto:[FOI #4713 email]
3. mailto:[DG JUST request email]
4. mailto:[AsktheEU.org contact email]
5. https://www.asktheeu.org/en/help/officers

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Dear Madam, Sir,

This is to kindly remind you that the extended time limit will expire today.

I'm looking forward to receiving your response without delay.

All the best,
Peter Teffer

postal address:
EUobserver
Rue Montoyer 18B
1000 Brussels
Belgium

Justice and Consumers

2 Attachments

Dear Mr Teffer,

Please find attached our reply to your email dated 07/09/2017 in which you
made a request for access to documents.

 

Yours sincerely,

The Secretariat of E3

European Commission
Directorate-General Justice and Consumers
Unit E3 – Consumer Enforcement and Redress

 

 

 

 

 

 

Dear Justice and Consumers,

Please pass this on to the person who reviews confirmatory applications.

I am filing the following confirmatory application with regards to my access to documents request 'Reply VW letter', which was registered on 16/10/2017 under reference number GESTDEM 2017/6003.

The request was rejected based on the following argument: "The documents which you seek to obtain contain the explanations of Volkswagen to a number of concerns of the national consumer authorities, enforcing the EU consumer legislation under the Consumer Protection Cooperation (CPC) Regulation, regarding the repair and the guarantee of the Volkswagen group's diesel cars affected by a non-authorised
emission management defeat software. This reply is 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 a disclosure."

This is the exact same argument given with regards to my access to documents request for 'The joint letter sent by the European Commission and EU consumer authorities to the CEO of Volkswagen', registered on 11/09/2017 under reference number GESTDEM 2017/5470.

Then, too, the letter was rejected on the grounds of it being part of ongoing investigations.

On 19 December 2017, however, the European Commission published a press release (http://ec.europa.eu/newsroom/just/item-d...) which included a link to the letter that hitherto was kept confidential (http://ec.europa.eu/newsroom/just/docume...).

Apparently, something has changed, making it possible for the Commission to disclose the letter to Volkswagen. Since the only reason given for not publishing the letter *to* Volkswagen was that it was because it was part of ongoing investigations, logic dictates that the investigations are no longer ongoing. Since the letter *from* Volkswagen is a part of the same ongoing investigations, the argument for refusal to disclose that document no longer applies.

Therefore, the letter from Volkswagen should also be made public.

A full history of my request and all correspondence is available on the Internet at these addresses: https://www.asktheeu.org/en/request/repl...
https://www.asktheeu.org/en/request/lett...

All the best,
Peter Teffer
EUobserver
Rue Montoyer 18B
1000 Brussels
Belgium

Justice and Consumers

1 Attachment

Dear Sir,

 

Thank you for your email dated 21/12/2017, by which you request, pursuant
to Regulation No 1049/2001 regarding public access to European Parliament,
Council and Commission documents, a review of the position taken by DG
JUST in reply to your initial application GESTDEM 2017/6003.

 

We hereby acknowledge receipt of your confirmatory application for access
to documents which was registered on 03/01/2018 (Ares(2018)18993).

 

Your application will be handled within 15 working days (24/01/2018). In
case this time limit needs to be extended, you will be informed in due
course.

 

Please be informed that the answer to your confirmatory application is a
formal Commission decision that will be notified to you by express
delivery. 

 

We kindly offer you the possibility to provide us a contact phone number
(by email to [1][email address]), so that the external delivery
service can contact you in case of absence.

 

Please note that the Commission will not use your phone number for any
other purpose than for informing the delivery service, and that it will
delete it immediately thereafter.

 

Yours faithfully,

Carlos Remis
SG.B.4
Transparence
Berl. 05/315

 

-----Original Message-----
From: Peter [[2]mailto:[FOI #4713 email]]
Sent: Thursday, December 21, 2017 3:13 PM
To: JUST ACCES DOCUMENTS
Subject: Internal review of access to documents request - Reply VW letter

Dear Justice and Consumers,

Please pass this on to the person who reviews confirmatory applications.

I am filing the following confirmatory application with regards to my
access to documents request 'Reply VW letter', which was registered on
16/10/2017 under reference number GESTDEM 2017/6003.

The request was rejected based on the following argument: "The documents
which you seek to obtain contain the explanations of Volkswagen to  a
number of concerns of the national consumer authorities, enforcing the EU
consumer legislation under the Consumer Protection Cooperation (CPC)
Regulation, regarding the repair and the guarantee of the Volkswagen
group's diesel cars affected by a non-authorised
emission management defeat software. This reply is 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  a disclosure."

This is the exact same argument given with regards to my access to
documents request for 'The joint letter sent by the European Commission
and EU consumer authorities to the CEO of Volkswagen', registered on
11/09/2017 under reference number GESTDEM 2017/5470.

Then, too, the letter was rejected on the grounds of it being part of
ongoing investigations.

On 19 December 2017, however, the European Commission published a press
release
([3]http://ec.europa.eu/newsroom/just/item-d...)
which included a link to the letter that hitherto was kept confidential
([4]http://ec.europa.eu/newsroom/just/docume...).

Apparently, something has changed, making it possible for the Commission
to disclose the letter to Volkswagen. Since the only reason given for not
publishing the letter *to* Volkswagen was that it was because it was part
of ongoing investigations, logic dictates that the investigations are no
longer ongoing. Since the letter *from* Volkswagen is a part of the same
ongoing investigations, the argument for refusal to disclose that document
no longer applies.

Therefore, the letter from Volkswagen should also be made public.

A full history of my request and all correspondence is available on the
Internet at these addresses:
[5]https://www.asktheeu.org/en/request/repl...
[6]https://www.asktheeu.org/en/request/lett...

All the best,
Peter Teffer
EUobserver
Rue Montoyer 18B
1000 Brussels
Belgium

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[7][FOI #4713 email]

This message and all replies from Justice and Consumers will be published
on the AsktheEU.org website. For more information see our dedicated page
for EU public officials at [8]https://www.asktheeu.org/en/help/officers

-------------------------------------------------------------------

References

Visible links
1. mailto:[email address]
2. mailto:[FOI #4713 email]
3. http://ec.europa.eu/newsroom/just/item-d...
4. http://ec.europa.eu/newsroom/just/docume...
5. https://www.asktheeu.org/en/request/repl...
6. https://www.asktheeu.org/en/request/lett...
7. mailto:[FOI #4713 email]
8. https://www.asktheeu.org/en/help/officers

hide quoted sections

Justice and Consumers

2 Attachments

Dear Mr Teffer,
Please find attached a letter concerning your confirmatory application for
access to documents under Regulation (EC) No 1049/2001 – GESTDEM
2017/6003.
Yours sincerely,
Carlos Remis
SG.B.4
Transparence
Berl. 05/315
 
 
 
 
 

Dear Madam, Sir

Thanks for your reply to my confirmatory application in GESTDEM 2017/6003. However, the hyperlink which you have enclosed does not seem to work. Could you please send the accurate link?

Many thanks,
Peter

Justice and Consumers

1 Attachment

Dear Mr Teffer,

Thank you for your email.

Please find attached copy of the letter, sent to you on 13/01/2018, concerning your confirmatory application for access to documents under Regulation (EC) No 1049/2001 – GESTDEM 2017/6003.

Yours sincerely,

Carlos Remis
SG.B.4
Transparence
Berl. 05/315

-----Original Message-----
From: Peter [mailto:[FOI #4713 email]]
Sent: Sunday, January 14, 2018 11:58 AM
To: JUST ACCES DOCUMENTS
Subject: Re: Your confirmatory application for access to documents under Regulation (EC) No 1049/2001 - GESTDEM 2017/6003

Dear Madam, Sir

Thanks for your reply to my confirmatory application in GESTDEM 2017/6003. However, the hyperlink which you have enclosed does not seem to work. Could you please send the accurate link?

Many thanks,
Peter

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

Dear Mr Teffer,
Please find attached a letter concerning your confirmatory application for
access to documents under Regulation (EC) No 1049/2001 – GESTDEM
2017/6003.
Yours sincerely,
Carlos Remis
SG.B.4
Transparence
Berl. 05/315
 
 
 
 
 

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #4713 email]

This message and all replies from Justice and Consumers will be published on the AsktheEU.org website. For more information see our dedicated page for EU public officials at https://www.asktheeu.org/en/help/officers

-------------------------------------------------------------------

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Kristina Ronnberg left an annotation ()

The correct link to the news item is
http://ec.europa.eu/newsroom/just/item-d...