Ref. Ares(2023)6354383 - 20/09/2023
EUROPEAN COMMISSION
SECRETARIAT-GENERAL
Directorate D - Twin Transition, Economic & Social Affairs
The Director
Address
[Bloomberg Bd Charlemagne 1,
1041 Bruxelles]
By email: [ask+request-13442-
xxxxxxxx@xxxxxxxx.xxx]
Subject:
Your application for access to documents – EASE 2023/5083
Dear Mr Stolton,
We refer to your request registered on 30 August 2023 under the above-mentioned
reference number. You request access to:
All documentation regarding a meeting on July 5th between EVP Vestager and
representatives from Zalando. This documentation should include but not be limited to:
general communications of any nature, written material of any kind, consultation notes,
email correspondences, attendance lists, agendas, background papers, briefing papers,
transcriptions of meetings, readouts of meetings, summaries of meetings, briefings for
meetings, etc.
The following documents have been identified for the meeting between EVP Vestager
and representatives from Zalando:
1. Document: Minutes
Ares(2023)4747188 MINUTES_ONLINE meeting with Co-CEO of Zalando
ZE_05.07.2023.pdf
2. Document: Email exchange from 18 July
Ares(2023)5544410 Follow-up ZALANDO Impact on fashion sector of Direct-
to-Consumers business models.pdf
3. Document: Annexed document 1
Ares(2023)5544410 – Follow-up ZALANDO Impact on fashion sector of Direct-
to-Consumers business models.pdf - Annex 1
4. Document: Annexed document 2
Ares(2023)5544410 Follow-up ZALANDO Impact on fashion sector of Direct-
to-Consumers business models.pdf – Annex 2
5. Document: Briefing
Ares(2023)4927786 Steering brief
Redacted versions of the documents 1, 2 and 5 have been attached. Complete disclosure
of these identified documents is prevented by the exception concerning the protection of
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË – Tel. +32 22991111
Office: BERL 06/169 – Tel. direct line +32 229-83855
xxxxx.xxxxxx@xx.xxxxxx.xx
privacy and the integrity of the individual outlined in Article 4(1)(b) of Regulation (EC)
No 1049/2001, because they contain the following personal data:
• the names/initials and contact information of Commission staff members not
pertaining to the senior management;
• the names/initials and contact details of other natural persons;
• other information relating to an identified or identifiable natural person.
Article 9(1)(b) of the Data Protection Regulation does not allow the transmission of these
personal data, except if you prove that it is necessary to have the data transmitted to you
for a specific purpose in the public interest and where there is no reason to assume that
the legitimate interests of the data subject might be prejudiced. In your request, you do
not express any particular interest to have access to these personal data nor do you put
forward any arguments to establish the necessity to have the data transmitted for a
specific purpose in the public interest.
Consequently, I conclude that, pursuant to Article 4(1)(b) of Regulation (EC) No
1049/2001, access cannot be granted to the personal data contained in the requested
documents, as the need to obtain access thereto for a purpose in the public interest has
not been substantiated and there is no reason to think that the legitimate interests of the
individuals concerned would not be prejudiced by disclosure of the personal data
concerned.
Following an examination of the documents 3 and 4, and taking into account the opinion
of the third party, access to these documents cannot be granted pursuant to Article 4(2) of
Regulation (EC) No 1049/2001, which allows refusing disclosure on the basis of
commercial interests of legal persons, including intellectual property. Further redactions
were also made in documents 1 and 2 based on Article 4(2) of Regulation (EC) No
1049/2001. The redacted parts refer to Zalando’s competitive position in the market.
Additional redacts were made in document 1 and 5. The redacted parts reproduce, in
essence, arguments related to Zalando’s application for annulment before the General
Court in Case T-348/23. Therefore, they have been redacted on the basis of the exception
laid down in Article 4(2) of Regulation (EC) No 1049/2001, which aims to protect court
proceedings.
Please note that all minutes were drawn up for internal use. They solely reflect the
authors’ interpretation of the interventions made and do not set out any official position
of the third parties to which the documents refer, which were not consulted on their
content. They do not reflect the position of the Commission and cannot be quoted as
such.
Documents originating from third parties were disclosed to you based on Regulation
(EC) No 1049/2001. However, this disclosure is without prejudice to the rules on
intellectual property, which may limit your right to reproduce or exploit the released
document/documents without the agreement of the originator, who may hold an
intellectual property right on them. The European Commission does not assume any
responsibility from their reuse.
In case you would disagree with this position, you are entitled, in accordance with Article
7(2) of Regulation (EC) No 1049/2001, to submit a confirmatory application requesting
the Commission to review this position.
2
Such a confirmatory application should be addressed within 15 working days upon
receipt of this letter to the Secretariat-General of the Commission at the following
address:
European Commission
Secretariat-General
Unit C.1. ‘Transparency, Document Management and Access to Documents’
BERL 7/076
B-1049 Brussels, or by email t
o: xxxxxxxxxx@xx.xxxxxx.xx
Yours faithfully,
Elisa Roller
3
Electronically signed on 20/09/2023 09:19 (UTC+02) in accordance with Article 11 of Commission Decision (EU) 2021/2121
