Request for written observations in cases: C-605/12, C-319/11, C-653/11

Ine Lejeune made this acceso a documentos request to Servicio Jurídico

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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 the French versions of the written observations submitted in the following cases:
Welmory, C-605/12 of 16 October 2014 by:
- The Polish Government
- The European Commission
- The UK Government
- The Cypriot Government
Widex A/S (C‑319/11) of 25 October 2012 by
- the European Commission
- Skatteverk
- the Swedish Government
Paul Newey, C-653/11 of 20 June 2013 by:
- The Irish Government
- The UK Government
- The Italian Government
- The European Commission

My Postal Adress is
Mingerslaan 6
8370 Blankenberge

Yours faithfully,

Ine Lejeune

SJ ACCES DOCS, Servicio Jurídico

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[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


-        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

-        Commission

-        Poland

-        Cyprus


-        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


-        Paul Newey

Administrative questions

Kindly note that the "" website is a private website which has
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visit our page Privacy statement – access to documents

Documents concerned, assessment of documents and consultation of third

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

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,

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


-        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



European Commission

Legal Service


B-1049 Brussels/Belgium

[email address]




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6. mailto:[SJ request email]


As indicated in my reply on your other response on my request I would like to receive the documents requests for the cases:
Cases : C-333/20, C-547/18, C-319/11 and C-931/19 (11 documents);

Yours sincerely,

Ine Lejeune