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:

I am requesting French versions of the written observations submitted in the following cases:

- Berlin Chemie A. Menarini C, 333-20 by:
- The Romanian Government
- The European Commission
- Dong Yang Electronics, C-547/18 of 7 May 2020 by:
- The Polish Government
- The European Commission
- The UK Government
- Titanium Ltd, C-931/19 of 3 June 2021 by
- The Austrian Government
- The European Commission

My Postal Adress is
Mingerslaan 6
8370 Blankenberge
Belgium

Yours faithfully,

Ine Lejeune

SJ ACCES DOCS, Legal Service

1 Attachment

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

[5]Your requests for Access to Documents - Fair Solution Proposal -
Ares(2022)3334017  (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 Ms Lejeune,

We refer to your three e-mails of 26 April 2022, by which you request
access to the written submissions to the Court of Justice in the following
cases and by the following parties

-      Case C-333/20, Berlin Chemie A. Menarini

-        Commission

-        Romania

-        Berlin Chemie A. Menarini

-      Case C-547/18, Dong Yang Electronics

-        Commission

-        Poland

-        [ADDRESS REDACTED]

-        Dong Yang Electronics ion

-      Case C-931/19, Titanium

-        Commission

-        Austria

-      Case C-605/12, Welmory Sp. z o.o. v. Dyrektor Izby Skarbowej w
Gdańsku

-        Commission

-        Poland

-        Cyprus

-        [ADDRESS REDACTED]

-        Welmory

-      Case C-319/11, Widex A/S v. Skatteverket

-        Commission

-        Sweden (not hold by the Commission)

-        Skatteverke

-      Case C-653/11, Her Majesty’s Commissioners of Revenue and Customs
v. Paul Newey t/a Ocean Finance             

-        Commission

-        Italy

-        Ireland

-        [ADDRESS REDACTED]

-        Paul Newey

Administrative questions

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 Privacy statement – access to documents

Documents concerned, assessment of documents and consultation of third
parties

The total number of documents requested is 21, 6 of which the Commission
is the author while the remaining 15 originate from third parties.

Please note that regarding the Commission’s documents (6 documents), the
Commission’s Legal Service has to carry out a concrete assessment of them
before taking the decision of granting / refusing access. This is to
guarantee that they can actually be disclosed and do not contain any
information that should be covered by any of the exceptions of Regulation
1049/2001, despite the fact that these cases are no longer pending before
the Court.

With regard to the documents originating from third parties (15
documents), 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 requests, the
above-stated consultation process and the procedure following it, the
Legal Service will be unable to provide you with a reply 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 requests 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 the following cases,
namely:

-        Cases : C-333/20, C-547/18, C-319/11 and C-931/19 (11 documents);

OR

-        Cases: C-605/12 and C-653/11 (10 documents).

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

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.

We are looking forward for your reply.

Yours faithfully,

 

Access to Documents team

 

[7]cid:image001.png@01D85BE7.13E92890

European Commission

Legal Service

Berlaymont

B-1049 Brussels/Belgium

[email address]

 

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01D85BEC.7EFBF2C0
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/documen...
6. mailto:[SJ request email]

Dear SJ ACCES DOCS,

Please provide me with the requested documents for:

Cases : C-333/20, C-547/18, C-319/11 and C-931/19 (11 documents).

Thank you!

Yours sincerely,

Ine Lejeune

SJ ACCES DOCS, Legal Service

1 Attachment

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

[5]Your request for Access to Documents - Confirmation of registration -
Ares(2022)3390288  (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 Ms Lejeune,

 

Thank you for accepting our Fair Solution proposal.

 

Your request concerning the written submissions in cases:

 

-         C-333/20 Berlin Chemie A. Menarini (Romania, Berlin Chemie and
European Commission)

-         C-547/18 Dong Yang Electronics (Poland, UK, Dong Yang
Electronics and European Commission)

-         C-931/19 Titanium (Austria and European Commission)

-         C-319/11 Widex A/S c/ Skatteverket (Skatteverket and European
Commission)

 

has been registered today, 03 May 2022 under the reference GestDem
2022/2484.

 

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 + 15 working days. The deadline will expire on
20 June 2022.

 

We shall inform you in due course, should this time limit need to be
extended.

 

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.

 

Yours faithfully,

 

 

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@01D85ECB.DE72B0E0
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, Legal Service

13 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 2022/2484 -
Ares(2022)4354823  (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 Ms Lejeune,

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@01D87F46.C6AD8B10
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]

Dear SJ ACCES DOCS,

Thank you!

Yours sincerely,

Ine Lejeune