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Written observations in C-511/18 - La Quadrature du Net and Others.

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Conall Gallagher

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:

The written observations submitted on behalf of the relevant governments in Case C-511/18 - La Quadrature du Net and Others; and Case C-623/17 Privacy International v Secretary of State for Foreign and Commonwealth Affairs and Others.

Yours faithfully,

Conall Gallagher

SG ACCES DOCUMENTS, Secretariat General of the European Commission

1 Attachment

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

Dear Sir,

 

Thank you for your request for access to documents.

 

Unfortunately, you have not indicated your postal address. This is
necessary 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.

 

Alternatively, you may use directly the electronic form available on the
Europa website:

 

[5]http://ec.europa.eu/transparency/regdoc/....

 

Yours faithfully,

 

 

 

ACCESS TO DOCUMENTS TEAM (IC)

 

[6]cid:image001.gif@01D46531.06A8B6B0

 

European Commission

Secretariat-General

SG.C1 (Transparency, Document Management and Access to Documents)

[7][email address]

 

 

 

 

show quoted sections

SJ ACCES DOCS, Secretariat General of the European Commission

1 Attachment

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

[5]Your request for access to documents - Fair solution proposal -
Ares(2022)4344264  (Please use this link only if you are an Ares user –
Svp, utilisez ce lien exclusivement si vous êtes un(e) utilisateur d’Ares)

Dear Mr Gallagher,

We refer to your e-mail of 3 June 2022, registered under reference GestDem
2022/3229, by which you make a request for access to documents.

Documents requested

Your request concerns the written observations submitted on behalf of the
relevant governments in the following cases before the Court of Justice:

Ø  C-511/18, La Quadrature du Net and Others;

Ø  C-623/17,  Privacy International

 

Please note that the language of proceeding in Case C-511/18 is French and
therefore the Commission only holds a French translation of the requested
documents, as regards observations submitted by governments other than
those of Ireland and of the United Kingdom (the originals of which have
been submitted in English). No translation in English is available of the
other governments’ submissions.

 

Please also note that your request registered under reference GestDem
2022/3230 concerning the written observations submitted on behalf of
observing governments in Case C-511/18, La Quadrature du Net and Others,
will be closed as a duplicate of the above-referenced request (GestDem
2022/3229).

Documents concerned, assessment of documents and consultation of third
parties

The Legal Service has established a list of the documents concerned by
your request. The total number of documents requested is 29, originating
from the relevant governments, as follows:

Ø  C-511/18, La Quadrature du Net and others : 13 documents

Ø  C-623/17,  Privacy International : 16 documents

Please note that, following a previous request, the Commission has already
disclosed 11 documents in Case C-623/17.

Regarding the remaining 18 submissions, the Commission has to consult
these parties according to Article 4(4) of Regulation 1049/2001, which
provides that the institution shall consult the third parties with a view
to assessing whether an exception in paragraph 1 of 2 is applicable.
Therefore, the Legal Service will carry out the consultation procedure
setting a deadline of 10 working days, in order for the third parties
concerned to communicate the conclusions of their assessments. This
consultation period, adds an additional administrative step to the
handling of your request.

Once the process of consultation is concluded, the Legal Service will have
to proceed to a final assessment of the documents in the light of the
comments received and, where necessary, to redact the parts of the
documents to which one or several exceptions apply. Finally, it will have
to draft the reply, submit it for review and approval by the competent
persons and prepare the reply as well as the documents for electronic
dispatch.

Fair solution proposal

Due to the large number of documents concerned by your request, the
above-stated consultation process and the procedure following it, the
Legal Service will be unable to provide you with a reply regarding the
remaining 18 documents within the time limit set by Article 7 of
Regulation 1049/2001. 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 1049/2001
or, where not possible – as in the present case – to seek a fair solution
in conformity with Article 6(3) that reconciles the interests of the
applicant with those of good administration.

In accordance with the case-law of the EU Courts, a fair solution can only
concern the content or the number of documents applied for, not the
deadline for replying (judgment of 2 October 2014 in Case C-127/13, Guido
Strack v. Commission, EU:C:2014:2250, paragraphs 26-28). This means that
the scope of your request must be narrowed down in a way that would enable
its treatment within the extended deadline of 15 + 15 working days from
the date or registration of your request.

In view of the foregoing, we would like to propose a fair solution that
enables us to reconcile your interest with the principle of good
administration and without prejudice to other applicants’ requests.

The Legal Service considers that it would be in a position to deal within
the extended deadline with the documents relating to one of the cases,
namely:

Ø  C-623/17, Privacy International (the remaining 5 documents + 11
documents already disclosed).

OR

Ø  C-511/18 - La Quadrature du Net and Others; (13 documents);

Kindly send your agreement to this proposal indicating which case you
would like us to deal with to the following email address:
[6][email address].

The Legal Service will proceed dealing with the relevant request upon
receiving your agreement and the deadline will start running accordingly.
Once the Commission has sent you its reply, you may certainly file a new
request for access.

Yours sincerely,

 

Access to Documents team

 

[7]cid:image001.png@01D87F0A.542808E0

European Commission

Legal Service

Berlaymont

B-1049 Brussels/Belgium

[email address]

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01D87F20.17424650
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/documen...
6. mailto:[email address]

Conall Gallagher

Dear SJ ACCES DOCS,

It would be sufficient to furnish me with the written observations submitted on behalf of the Irish and UK governments in Case C-511/18, La Quadrature du Net and others.

My updated request only concerns those two documents, it will not be necessary to furnish me with any other written observations.

Where might I find the written observations relating to C-623/17, Privacy International that have already been disclosed?

Yours sincerely,

Conall Gallagher

SJ ACCES DOCS, Secretariat General of the European Commission

1 Attachment

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

[5]Your request for access to documents - Reference: GestDem 2022/3229 -
Ares(2022)4451354  (Please use this link only if you are an Ares user –
Svp, utilisez ce lien exclusivement si vous êtes un(e) utilisateur d’Ares)

Dear Mr Gallagher,

 

Many thanks for the clarification below. 

 

We confirm your request, concerning the observations submitted on behalf
of the Irish and UK Governments in Case C-511/18, La Quadrature du Net
a.o.

 

As regards the documents in Case C-623/17, Privacy International, please
note that they have been disclosed in a previous request, but were not
published. Accordingly, you will receive these documents together with the
reply regarding the two documents concerning Case C-511/18.

 

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 27
June 2022, as originally communicated to you in the acknowledgment of
receipt of 3 June. We shall inform you in due course, should this time
limit need to be extended. Finally, we will proceed with the closure of
your request under reference: GestDem 2022/3230, keeping the request under
reference: GestDem 2022/3229.

 

Kindly note that the "AsktheEU.org" website 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. Hence, the European Commission
is not responsible for any possible processing of personal data by the
private organisation running the AsktheEU.org website, through which you
have channelled your request. Please refer to their privacy policy.

If you do not wish that your correspondence with the Commission is
published on a private third-party website such as AsktheEU.org, you can
provide us with an alternative, private e-mail address for further
correspondence.  In that case, the Commission will send all future
electronic correspondence addressed to you only to that private address,
and it will use only that private address to reply to your request. You
should still remain responsible to inform the private third-party website
about this change of how you wish to communicate with, and receive a reply
from, the Commission.

 

For information on how we process your personal data visit our page
[6]Privacy statement – access to documents.

 

Yours faithfully,

 

Access to Documents team

[7]cid:image001.gif@01D407C0.3E8CFF10

European Commission
Legal Service
Berlaymont

B-1049 Brussels/Belgium

[8][email address]

 

 

 

 

show quoted sections

SJ ACCES DOCS, Secretariat General of the European Commission

1 Attachment

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

[5]Your request to access to documents - Ref. GestDem 2022/3229 -
Ares(2022)4679163  (Please use this link only if you are an Ares user –
Svp, utilisez ce lien exclusivement si vous êtes un(e) utilisateur d’Ares)

Dear Mr Gallagher,

We refer to your above-referenced request for access to documents under
Regulation (EC) No 1049/2001 regarding public access to European
Parliament, Council and Commission documents (OJ L 145, 31.05.2001, pages
43).

Your request is currently being handled. However, in view of the number
and nature of the requests for access to documents the Legal Service is
dealing with, we will not be in a position to complete the processing of
your request within the time limit of 15 working days, which expires
today, 27 June 2022. Furthermore, your request concerns documents of which
the Commission is not the author. According to Article 4(4) of Regulation
(EC) No 1049/2001, the Commission has to consult the third parties from
which the documents originate. This consultation procedure is still
ongoing. 

For these reasons, this time-limit will be extended by 15 working days, in
accordance with Article 7(3) of Regulation (EC) No 1049/2001, to expire on
18 July 2022.

Thank you for your understanding.

 

Yours sincerely,

 

Access to Documents team

 

[6]cid:image001.png@01D8295E.30135E70

European Commission

Legal Service

Berlaymont

B-1049 Brussels/Belgium

[7][email address]

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01D88A12.80513640
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/documen...
7. mailto:[email address]

SJ ACCES DOCS, Secretariat General of the European Commission

15 Attachments

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

[5]Your request for Access to Documents - Reference: GestDem 2022/3229 -
Ares(2022)4910052  (Please use this link only if you are an Ares user –
Svp, utilisez ce lien exclusivement si vous êtes un(e) utilisateur d’Ares)

Dear Mr Gallagher,

Attached, please find the Legal Service’s reply to your above-referenced
request for access to documents.

 

We kindly ask you to confirm and acknowledge, by return email, receipt of
the Commission Legal Service’s reply and the documents attached.

 

 

Yours sincerely,

 

Access to Documents team

[6]cid:image001.gif@01D407C0.3E8CFF10

European Commission
Legal Service
Berlaymont

B-1049 Brussels/Belgium

[7][email address]

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01D8907F.2CF66060
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/documen...
7. mailto:[email address]

SJ ACCES DOCS, Secretariat General of the European Commission

1 Attachment

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

[5]Confirmation of receipt - Ares(2022)5063498  (Please use this link only
if you are an Ares user – Svp, utilisez ce lien exclusivement si vous êtes
un(e) utilisateur d’Ares)

Dear Mr Gallagher,

Further to our message below, and unless there has been an error on our
part, we have not received your confirmation on the reception of the
Commission Legal Service’s reply to your request for access referenced:
GestDem 2022/3229.

Accordingly, we kindly ask you to confirm and acknowledge, by return
email, receipt of the Commission Legal Service’s reply sent to you on
Tuesday, 5 July 2022.

Many thanks and best regards,

 

Access to Documents team

 

[6]cid:image001.png@01D8295E.30135E70

European Commission

Legal Service

Berlaymont

B-1049 Brussels/Belgium

[7][email address]

 

From: SJ ACCES DOCS <[email address]>
Sent: Tuesday, July 5, 2022 4:38 PM
To: [FOI #11395 email]
Cc: SJ ACCES DOCS <[email address]>
Subject: Your request for Access to Documents - Reference: GestDem
2022/3229 - Ares(2022)4910052

 

[8]Your request for Access to Documents - Reference: GestDem 2022/3229 -
Ares(2022)4910052  (Please use this link only if you are an Ares user –
Svp, utilisez ce lien exclusivement si vous êtes un(e) utilisateur d’Ares)

 

Dear Mr Gallagher,

Attached, please find the Legal Service’s reply to your above-referenced
request for access to documents.

 

We kindly ask you to confirm and acknowledge, by return email, receipt of
the Commission Legal Service’s reply and the documents attached.

 

 

Yours sincerely,

 

Access to Documents team

[9]cid:image001.gif@01D407C0.3E8CFF10

European Commission
Legal Service
Berlaymont

B-1049 Brussels/Belgium

[10][email address]

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01D895CE.43D8E880
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/documen...
7. mailto:[email address]
8. https://webgate.ec.testa.eu/Ares/documen...
10. mailto:[email address]

We don't know whether the most recent response to this request contains information or not – if you are Conall Gallagher please sign in and let everyone know.