Submissions in joined Cases C-154/15, C-307/15 and C-308/15

La solicitud fue parcialmente exitosa.

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:

The legal submissions of the parties and interveners/observers in joined Cases C-154/15, C-307/15 and C-308/15.

Please provide the information in English by electronic means.

Yours faithfully,

Fred Logue
8/10 Coke Lane
Smithfield
Dublin 7
Ireland

Servicio Jurídico

Dear Mr Logue,

We refer to your e-mail of 19 February 2018 requesting, under Regulation (EC) No 1049/2001, access to the legal submissions of the parties and interveners/observers in joined Cases C-154/15, C-307/15 and C-308/15 in English.

The Legal Service has identified approximately 20 documents falling within the scope of your request, including Commission's submissions and Member State's documents.

Regarding third-party documents, Article 4(4) of Regulation (EC) No 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 request is currently being treated. However, as indicated above it concerns a large number of documents. The consultation period referred to above adds 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 (EC) No 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 (EC) No 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: case C-154/15,

– Second batch: case C-307/15,

– Third batch: C-308/15.

The part of the request concerning the first batch has already been registered on 19 February 2018 under reference GestDem 2018/1148. The time limit will expire on 12/03/2018. 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.

With regards to the language of the requested documents, please note that they are available in the language of the proceedings, the language of the Member States and a French translation has also been prepared by the services of the Court.

We would kindly ask you for your agreement on this proposal.

Yours sincerely,

______________________

Access to Documents team

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

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Dear Legal Service,

Many thanks for your response and I would like to express my appreciation for the diligent way in which you are handling this request.

I am happy to accept your proposal.

In terms of language I believe the language of the case is English so I wish to receive the English versions of the documents. In the case that there is no English version then my preference is to receive the document in French.

Once again thank you very much for providing this valuable assistance.

Yours faithfully,

Fred Logue

Servicio Jurídico

Dear Mr Logue,

 

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, we will not be in a
position to complete the handling of your application within the time
limit of 15 working days, which expired  yesterday (12/03/2018).

 

An extended time limit is needed as your request concerns documents of
which the Commission is not the author. According to Article 4(4) of
Regulation (EC) No 1049/2001, the Commission has to consult the third
parties from which the documents originate. This consultation procedure
adds an additional administrative step to the handling of your access
request.  

 

Moreover, 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.

 

Therefore, it will not be possible to provide you with the reply within
the time limit set by Article 7(2) of Regulation (EC) No 1049/2001
regarding public access to documents. A reply will be provided to you as
soon as possible.

 

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

 

Yours sincerely,

 

Access to documents team

Legal Service

European Commission

[1][email address]

 

References

Visible links
1. mailto:[email address]

Servicio Jurídico

1 Adjuntos

Dear Mr Logue,

 

We would like to confirm that the Legal Service is dealing with your
request. We are still waiting for some of the replies to our consultations
to third parties. Pleased be assure that we will reply you in the shortest
time possible.

 

Yours sincerely,

___________________________

EUROPEAN COMMISSION

LEGAL SERVICE

Information and documentation team

 

Email: [1][SJ request email]

 

 

 

From: SJ ACCES DOCS
Sent: Tuesday, March 13, 2018 11:42 AM
To: '[FOI #5158 email]'
Subject: Your request for access to documents - Gestdem 2018/1148

 

Dear Mr Logue,

 

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, we will not be in a
position to complete the handling of your application within the time
limit of 15 working days, which expired  yesterday (12/03/2018).

 

An extended time limit is needed as your request concerns documents of
which the Commission is not the author. According to Article 4(4) of
Regulation (EC) No 1049/2001, the Commission has to consult the third
parties from which the documents originate. This consultation procedure
adds an additional administrative step to the handling of your access
request.  

 

Moreover, 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.

 

Therefore, it will not be possible to provide you with the reply within
the time limit set by Article 7(2) of Regulation (EC) No 1049/2001
regarding public access to documents. A reply will be provided to you as
soon as possible.

 

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

 

Yours sincerely,

 

Access to documents team

Legal Service

European Commission

[2][email address]

 

References

Visible links
1. mailto:[SJ request email]
2. mailto:[email address]

Servicio Jurídico

12 Adjuntos

Dear Mr. Logue,
 
Please find attached the reply of the Legal Service to your requests for
access to documents together with its enclosures.
 
The reply will be shortly sent to you by registered mail. Please note that
the documents are transmitted only via e-mail.
 
 
Yours sincerely,
 
 
Patrycja Maj-Polech
European Commission
Legal Service/Service Juridique – Administrative Assistant / Assistant
Administratif
Berlaymont - Rue de la Loi 200, 1040 - Bruxelles
Office/Bureau 1/70
tel. +32 2 29 92392
My e-mail address: [1][email address]
 
 
 
 
 
 
 
 
 
 

References

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1. mailto:[email address]