Esta es la versión HTML de un fichero adjunto a una solicitud de acceso a la información 'Information sent by Polish authorities on compliance with the interim measure in case Commission/Poland (C-619/18 R)'.

Date: Wed, 12 Dec 2018 13:40:35 +0000
Subject: Re: Ares(2018)6391158 - Your request for access to documents - reference: GestDem2018/6115
From: Patryk Wachowiec <xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx>
To: EC ARES NOREPLY <xxxxxxxxxxxxxxxxx@xxxxxx.xx.xxxxxx.xx>

Dear Access to Documents team,

Thank you for your letter of 12 December 2018 (ref. nos: Ares(2018)6391158, GestDem2018/6115) in which you extended the time-limit for handling my application for access to the specific documents. However, I would like to kindly ask you to clarify some issues.

Firstly, how was the time-limit of 15 working days regarding my request counted? According to you, the deadline for the reply has been set to 11 January 2019. However – taking into account public holidays in December 2018 and January 2019 – it seems that it should have been set earlier.

Secondly, pursuant to Article 7(3) of the regulation 1049/2001 the institution is allowed to extend the time-limit for handling an application beyond the default period only when the applicant is notified in advance and when detailed reasons are given. Unfortunately, your reply has been sent to me on the day following the default deadline – as a result it breaches the mentioned provision since I was not notified in advance.

Moreover, the number and nature of requests for access to documents, which you are currently dealing with, cannot be regarded as a legitimate justification for the extension of the time-limit. This is because organisational matters within the institution, which is temporary unable to reply to all pending requests, is against Article 7(3) of the mentioned regulation as this provision aims at extending the time-limit in situations regarding the content of the requested documents or the scope of the request. The obligation of dealing with requests to access to documents is not of secondary importance – it must be regarded like all other tasks you are charged with. Therefore, it also breaches the Article 7(3) of the mentioned act.

To conclude, I would like you to clarify the mentioned issues and ask to grant me the access to the document in question as soon as possible.

Yours sincerely,

Patryk Wachowiec

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

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

[5]Ares(2018)6391158 - Your request for access to documents - reference:
GestDem2018/6115

Sent by ve_sj.acces docs (SJ) <[email address]>. All responses
have to be sent to this email address.
Envoyé par ve_sj.acces docs (SJ) <[email address]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Mr Wachowiec,

 

We refer to your 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, page 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 requests within the time limit of 15 working days, which expired
yesterday, the 11^th of December 2018.

For this reason, we will need to extend the time limit by 15 working days
in accordance with Article 7(3) of Regulation (EC) No 1049/2001. The new
time limit expires on 11/01/2019.

 

We apologise for this delay and for any inconvenience this may cause.

 

Yours sincerely,

 

Access to Documents team

[6]cid:image001.gif@01D1747B.A20B1610

European Commission
Legal Service
Berlaymont

B-1049 Brussels/Belgium

[7][email address]

References

Visible links
1. file:///tmp/cid:filelist.xml@01D49222.9610BE10
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/ext/documentInfoDetails.do?documentId=080166e5bff7f10e
7. mailto:[email address]

-------------------------------------------------------------------
Please use this email address for all replies to this request:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx

This message and all replies from Secretariat General of the European Commission 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


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