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Documents filed in ECJ cases

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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:

All documents filed by Parties and Interveners in the following cases:

C-89/85
T-286/09
C-366/10
C-424/13
C-413/14 P
C-592/14

As regards the language, I prefer to receive documents in their original version where they are available in English, French, Spanish or German. Where this is not possible, I would appreciate to receive a translation of the document in any of the four forementioned languages.

My postal address:
Simon BURGER
University of Salzburg
Churfürststraße 1
5020 Salzburg
Austria

Please do not hesitate to contact me if you need any clarification in regards to any aspect of my request.

Thank you in advance.

Yours faithfully,

Simon Burger

Servicio Jurídico

Dear Mr Burger,

We refer to your e-mail of 15 February 2018 requesting, under Regulation (EC) No 1049/2001, access to documents filed in ECJ cases.

Your application concerns the submissions made by parties and interveners in the following cases:

T-286/09 Intel Corp. v Commission
C-413/14P Intel Corp. v European Commission
C-592/14 European Federation for Cosmetic Ingredients
C-424/13 Zuchtvieh-Export GmbH v Stadt Kempten
C-366/10 Air Transport Association of America a.o.
C-89/85 A. Ahlström Osakeyhtiö a.o. v Commission

First, we would like to inform you that Commission has already made public under Regulation 1049/2001 its submissions in the preliminary rulings C-366/10 and C-592/14. These documents are available through the following link: http://ec.europa.eu/dgs/legal_service/su...

As regards the other submissions lodged at the Courts, the Legal Service has identified more than 30 documents falling within the scope of your request, including Commission's submissions, Member State's documents and other third parties documents.

Regarding third-party documents, Article 4(4) of Regulation 1049/2001 provides that the institution shall consult the third party with a view to assessing whether an exception in paragraph 1 of 2 is applicable. Therefore, the Legal Service will consult all the parties / interveners on their documents and give them a deadline (10 working days) in order they communicate us the conclusions of their assessment.

Your application is currently being dealt with. However, as indicated above it concerns a large number of documents. The consultation period referred to above ads an additional administrative step to the handling of the requests. Therefore, it will not be possible for the Legal Service to provide you with the reply within the time limit set by Article7(2) of Regulation 1049/2001 regarding public access to documents.

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 for a fair solution, in conformity with Article 6(3) of Regulation 1049/2001, that reconciles the interests of the applicant with those of good administration. Please be aware, that following the judgment of the Court in Case C-213/15P Breyer, the Commission has received a large number of access requests concerning a very large total number of documents.

In view of the foregoing, we would like to propose to you a fair solution that enables us to conciliate your interest with the principle of good administration and without prejudice to other applicants' requests. Consequently, we would propose to handle your application by successive batches, taking into consideration the number of documents concerned by each of the cases, as follows:

– First batch: cases T-286/09, C-413/14P, C-592/14 and C-424/13.

– Second batch: case C-366/10 (17 third parties to be consulted).

– Third batch: C-89/85.

The part of the request concerning the first batch has already been registered on 16 February 2018 under reference GestDem 2018/1051. The time limit will expire on 09/03/2018. In case this time limit needs to be extended, you will be informed in due course. Once we have replied to the first batch, we will register and deal with the second batch and finally the third batch.

We have established this order in the assumption that you would be first interested in the most recent cases. We would kindly ask you for your agreement on this proposal. Please let us know in case you would prefer to modify the proposed order of cases.

Yours sincerely,

______________________

European Commission
Legal Service
Information and documentation team
[email address] 

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Dear Legal Service,

Thank you for your reply.

I agree with your proposal and I am looking forward to receiving the first batch.

As regards the Commission submissions in cases C-366/10 and C-592/14, I am afraid I was unable to find them on the website I was provided with (http://ec.europa.eu/dgs/legal_service/su...). I would be glad if you could confirm that the Commission did make submissions in these cases and, if so, how they can be accessed.

Yours faithfully,

Simon Burger

Servicio Jurídico

2 Adjuntos

Dear Mr. Burger,

Thank for you reply and agreement.
Attached you will find the Commission's submissions in cases C-366/10 and C-592/14. They will be very shortly available in the indicated LS's website.
Yours faithfully,

European Commission
Legal Service
Information and documentation team

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Dear Legal Service,

With a view to the deadline (9 March 2018) for the first batch of documents, I would be glad if you could indicate the current state of affairs as far as my request is concerned.

Yours faithfully,

Simon Burger

Servicio Jurídico

Dear Mr. Burger,

In response to your e-mail below, we would like to confirm and inform you that the Legal Service is dealing with the 1st batch of your request. Currently, we are still waiting for some replies of the third parties we consulted on the disclosure of their documents.

Therefore, in the meantime, we have to ask for an extension of the time limit by 15 working days in accordance with Article 7(3) of Regulation 1049/2001. The new deadline will expire on 4 April 2018. Please be assured that we will do our utmost to reply to you in the shortest time possible.

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

European Commission
Legal Service
Information and documentation team

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Dear Legal Service,

Thank you for your prompt reply. I am looking forward to receiving the first batch at your earliest convenience, or, as the case may be, by 4 April 2018.

Yours faithfully,

Simon Burger

Dear Legal Service,

My original request having been filed in mid-February, I am curious to learn about the current state of my request. Thank you very much.

Yours faithfully,

Simon Burger

Servicio Jurídico

Dear Mr Burger,

The Legal Service is still working on your request. We have by now received most of the replies to the consultations launched to the third parties in accordance with article 4(4) of Regulation 1049/2001.
The reply to your request is on the point to be finished and submitted to the approval of the competent persons. We expect to be able to send you the reply in the course of next week.
We apologize for this delay and for any inconvenience caused.

Yours sincerely,
___________________________

EUROPEAN COMMISSION
LEGAL SERVICE
Information and documentation team

Email: [SJ request email]

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Dear Legal Service,

Thank you for your reply. I am looking forward to receiving the documents.

Yours faithfully,

Simon Burger

Servicio Jurídico

9 Adjuntos

Dear Mr. Burger,
 
Please find attached the reply to your request for access to documents
together with its enclosures.
 
The original version of the reply will be sent to you by certified mail.
Please note that the enclosures are transmitted only by e-mail.
 
In accordance with the fair solution agreed upon on 21/02/2018, we have
now registered a new request for access to documents under reference
GestDem 2018/2113, corresponding to the second batch of your request.
The new request concerns the documents filed by Parties and Interveners in
Case C-366/10. The deadline will expire on 07/05/2018. You will be
informed in due time in case this deadline needs to be extended.
 
Yours sincerely,
 
 
___________________________
EUROPEAN COMMISSION
LEGAL SERVICE
Information and documentation team
 
Email: [1][SJ request email]
 
 
 

References

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No sabemos si la última respuesta a esta solicitud contiene información o no – si eres Simon Burger por favor abre una sesión y háznoslo saber.