Request for meeting notes and correspondence between Linklaters and Your Institution

Ana Mourao made this access to documents request to Secretariat General of the European Commission

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From: Ana Mourao

Delivered

Dear Secretariat General of the European Commission,

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:

Details of the content of meetings that were held between Your institution and Linklaters LLP since the 1st of january 2015 until today, and all related correspondence.

Yours faithfully,
Ana Mourao

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Secretariat General of the European Commission


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Dear Ms Mourao,
 
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:
[1]http://ec.europa.eu/transparency/regdoc/...
 
Best regards,
 
ACCESS TO DOCUMENTS TEAM
European Commission
Secretariat General
Unit B4 - Transparency
 
 

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From: Ana Mourao

Delivered

Dear Secretariat General of the European Commission,

I add my full postal address below as requested, in the hope that my request be duly registered and handled:

Rue d’Édimbourg 26
1050 Brussels
Belgium

Yours faithfully,

Ana Mourao

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Secretariat General of the European Commission

Les bureaux de la Commission sont fermés du 25 décembre 2017 au 2 janvier
2018 inclus.  Vos demandes d'accès aux documents seront traitées dès le 3
janvier.  Nous vous souhaitons de bonnes fêtes de Noël et une excellente
Nouvelle Année !

*  *  *

Die Abteilungen der Europäischen Kommission sind vom 25. Dezember 2017 bis
einschließlich 2. Januar 2018 geschlossen. Ihre Anträge auf Zugang zu
Dokumenten werden ab dem 3. Januar behandelt. Wir wünschen Ihnen frohe
Weihnachten und ein gutes neues Jahr!

* *  *

European Commission departments are closed from 25^th December 2017 to 2nd
January 2018.  We will handle your requests for access to documents as
from 3 January.  We wish you Merry Christmas and Happy New Year!

 

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Secretariat General of the European Commission


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Attachment access to documents request Request for meeting notes and correspondence between Linklaters and Your Institution.txt
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Dear Ms Mourao,
 
Thank you for your e-mail  dated  23/12/2017.  We hereby acknowledge
receipt of your application for access to documents, which was registered
on 08/01/2018 under GESTDEM 2018/0111 reference.
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
129/01/2018.
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,
 
ACCESS TO DOCUMENTS TEAM
European Commission
Secretariat General
Unit B4 - Transparency
 
 

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Secretariat General of the European Commission

Dear Ms Mourao,
We refer to your request for access to documents registered on 08/01/2018
under the above mentioned reference number.
You have requested the details of the content of meetings that were held
between the Commission and Linklaters LLP since the 1st of January 2015 to
date and all the related correspondence. Please note that our reply under
the GestDem 0111/2018 concerns only the documents held by DG Competition.
Linklaters is a law firm representing different companies or stakeholders
in competition investigations in various sectors. The documents exchanged
with third parties during competition investigations might be subject to a
general presumption of non-disclosure. In its EnBW judgement, the Court of
Justice held that the Commission can rely on a general presumption of
non-disclosure based on the exception related to the protection of the
commercial interests (Article 4(2) first indent of Regulation 1049/2001)
and the protection of the purpose of investigations (Article 4(2) third
indent of Regulation 1049/2001), to refuse access to documents from its
antitrust investigation case files^1. Similarly, in its Odile Jacob
judgment^2, the Court of Justice held that for the purposes of
interpretation of the exceptions in Article 4(2), first and third indent
of Regulation 1049/2001, there is a general presumption that disclosure of
documents exchanged between the Commission and notifying and other (third)
parties in merger procedures in principle undermines the protection of the
commercial interests of the undertakings involved and also the protection
of the purpose of investigations related to the merger control
proceedings.
After a first search in our data-basis, we are able to estimate the number
of documents exchanged by DG Competition with Linklaters acting as
representative of companies involved in competition investigations and
during the requested period at more than 2500. As regards the content of
the meetings, we do not hold any tool allowing a search for only the
meetings and/or the content of the meetings.
We therefore consider that the description given in your application does
not enable us to identify concrete documents which would correspond to
your request.
We therefore invite you, pursuant to Article 6(2) of Regulation (EC) No
1049/2001 regarding public access to documents, to provide us with more
detailed information on the documents which you seek to obtain such as
references, topics etc…
If you need assistance in clarifying or specifying your application, you
can contact us:

* by email to: [email address]

Please note that the 15 working days the time limit for handling your
application will start running when we receive the requested
clarifications.
Thank you in advance for your understanding.
Yours faithfully,
COMP ACCESS TO DOCUMENTS Team
 
European Commission
DG Competition – Unit R1
 
         Case C-365/12 P Commission v Enbw Energie Baden-Württemberg,
judgment of 27 February 2014, paragraph 88.
^2        Case C-404/10 P, Commission v Odile Jacob, judgment of 28 June
2012, paragraph 123.
 
 

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