Dear Sir or Madam,

We hereby acknowledge the receipt of your request for access to documents
sent on 27/11/2022 and registered on 28/11/2022 under the case number
2022/6900.

We will handle your request within 15 working days as of the date of
registration. The time-limit expires on 19/12/2022. We will let you know
if we need to extend this time limit for additional 15 working days.

To find more information on how we process your personal data, please see
[1]the privacy statement.

Yours faithfully,

Directorate-General for Competition - Access to Documents
European Commission

References

Visible links
1. https://ec.europa.eu/info/principles-and...

Dear Mr Stolton,

We are writing concerning your request for access to Commission documents
registered on 28 November 2011 under case number 2022/6900.

We are currently working on your request. However, we have not yet been
able to gather all the elements necessary to carry out a full analysis of
your request. We will not be able to send you the reply within the
prescribed time limit expiring on 19 December 2022, as the applications
concerns part of documents involving third parties.

Therefore, in line with Article 7(3) of [1]Regulation (EC) No 1049/2001,
we need to extend this time limit by 15 additional working days. The new
time limit expires on 18 January 2023.

We apologise for any inconvenience this may cause.

Kind regards,

DG COMP ACCESS TO DOCUMENTS

References

Visible links
1. https://eur-lex.europa.eu/legal-content/...

Dear Mr. Stolton

We refer to your request for access to European Commission documents
registered on 28 November 2022 under the above-mentioned reference number.

You request access to any correspondence between the office of EVP
Vestager and Advocate-General Juliane Kokott from the Court of the Justice
of the European Union (CJEU). This documentation should include but not be
limited to:  general communications of any nature, written material of any
kind, email correspondences, attendance lists, agendas, background papers,
briefing papers, transcriptions of meetings, readouts of meetings,
summaries of meetings, briefings for meetings, etc..

Your application concerns the following documents:

(a)   Email exchange dated March/April 2022 between the Cabinet of the EVP
Vestager and the Cabinet of the Advocate General Kokott regarding the
organization of a phone call;

(b)   Briefing for the EVP Vestager in preparation of a meeting between
the EVP Vestager and members of the Court of Justice of the European Union
on the evaluation of Regulation 1/2003 in Luxembourg, on 28 November 2022;

(c)   List of topics for discussion at the meeting between the EVP
Vestager and members of the Court of Justice of the European Union on the
evaluation of Regulation 1/2003 in Luxembourg, on 28 November 2022;

(d)   Internal summary of the meeting between the EVP Vestager and members
of the Court of Justice of the European Union on the evaluation of
Regulation 1/2003 in Luxembourg, on 28 November 2022.

With regard to the documents listed above sub (a) and (b), a complete
disclosure of the identified documents is prevented by the exception
concerning the protection of 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.

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.

Please note that documents originating from third parties are 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 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.

Moreover, the document sub (d) was drawn up for internal use under the
responsibility of the relevant services of the Directorate-General for
Competition. It solely reflects the services’ interpretation of the
discussion and does not set out any official position of the third parties
to which the document refers. It does not reflect the position of the
Commission and cannot be quoted as such.

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. Such a confirmatory application should be addressed to the
Secretariat-General of the Commission within 15 working days upon receipt
of this letter. You can submit it in one of the following ways:

by asking for a review via your portal account
[1]https://www.ec.europa.eu/transparency/do... (available only
for initial requests submitted via the portal account),

or by mail:

European Commission

Secretariat-General

Transparency, Document Management & Access to Documents (SG.C.1)
BERL 7/076

B-1049 Bruxelles

or by email to: [2][email address]

Yours faithfully,

Sophie Moonen

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Dear Mr. Stolton,

Please note that the reply to your application for access to documents with reference number 2022/6900 was sent to you on 18 January 2023, that is, within the extended deadline mentioned in our previous message of 16/12/2022.

We hereby attach, for ease of reference, the extended deadline message and the reply sent to you last Wednesday.

If you still would like to apply for a confirmatory review of our initial reply, please let us know.

Best regards,

COMP ACCESS TO DOCUMENTS

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