Documents filed by Member States in ECJ cases

La demande est réussie.

Dear Legal Service,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting:

All documents filed by Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and/or [ADDRESS REDACTED] in the following cases:
C-601/15
C-520/15
C-487/15
C-445/15
C-407/15
C-396/15
C-380/15
C-346/15
C-325/15
C-251/15
C-194/15
C-163/15
C-143/15
C-124/15
C-118/15
C-32/15 P
C-22/15
C-454/14
C-446/14 P
C-429/14
C-336/14
C-314/14
C-299/14
C-292/14
C-179/14

My postal address:
Luisa Izuzquiza
Calle Cava de San Miguel 8, 4ºcentro
28005 Madrid
Spain

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,

Luisa Izuzquiza

Service juridique

Dear Ms Izuzquiza,

We would like to inform you that your request has been registered on 16/10/2017 under GestDem number 2017/6016. In accordance with Regulation (EC) No 1049/2001 regarding public access to European Parliament, Council and Commission documents, your request will be handled within 15 working days. The time limit will expire on 08/11/2017. You will be informed in due course if this deadline needs to be extended.

Kind regards,

Patrycja Maj-Polech
European Commission
Legal Service/Service Juridique – Legal Assistant
Berlaymont - Rue de la Loi 200, 1040 - Bruxelles
Office/Bureau 1/70
tel. +32 2 29 92392

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Service juridique

1 Attachment

Dear Mrs Izuzquiza,
 
We refer to your e-mail of 15 October 2017 in which you make a request for
access to documents, registered on 16 October under reference GestDem
2017/6016.
 
Your application concerns the submissions made by Member States in 25
cases before the Court of Justice. The Legal Service has already started
dealing with your request and we would like to inform you on the
following:
 
– concerning cases C-520/15, C-407/15, C-380/15, C-325/15, C-118/15 and
C-32/15P, the Court has notified the cases together with the Order of
inadmissibility (C-325/15), the Order of the Court's lack of jurisdiction
(cases C-520/15, C-407/15 and C-380/15) or the Order of withdrawal
(C-118/15 and C-32/15P).  Consequently, the Legal Service has not received
any document that would fall under the scope of the request.
 
– regarding cases C-487/15P, C-396/15P, C-346/15P and C-251/15P, the
Commission has not intervened in them. Therefore, the Legal Service is not
in possession of the requested documents.
 
– as regards the rest of the cases (15 cases), the Legal Service has
identified 40 documents falling within the scope of your request. All the
requested documents originate from Member States.
 
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 concerned Member States
on their documents and give them a deadline in order they communicate us
the conclusions of their assessment.
 
As you are aware, your application is currently being dealt with.
Nevertheless, it concerns a very large number of documents. The
consultation period referred to above ads and 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.
 
Please also note that the Commission cannot privilege one applicant and
has to guarantee that all the requests are responded 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:
 
– We will keep the reference GestDem 2017/6016 for the first batch
concerning cases C-601/15 and C-445/15.
 
– Once we have replied to the first batch, we will register the second
batch concerning cases C-194/15, C-163/15 and C-143/15, and so on until
your request have been completely dealt with.
 
– Third batch: cases C-124/15, C-22/15, C-454/14 and C-446/14P.
 
– Fourth batch: cases C-429/14 and C-336/14.
 
– Fifth batch: cases C-314/14 and C-299/14.
 
– Sixth batch: cases C-292/14 and C-179/14.
 
We kindly ask for your agreement on this proposal. Please let us know in
case you would prefer to modify the proposed order of cases.
 
______________________
 
Isabel ITURRITZA
Legal Officer
European Commission
Legal Service
 
 
BERL 1/107
B-1049 Brussels/Belgium
+32 2 295 36 58
[email address] 
 
------------------------------------------------------
 

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Dear Legal Service,

Many thanks for your response. I would like to express my conformity with the solution proposed by the Commission.

Yours faithfully,

Luisa Izuzquiza

Service juridique

Dear Mrs Izuzquiza,
 
We refer to your request for access to documents of 15 October 2017
concerning 15 court cases and to the exchange of e-mails of 27 and 31
October on the proposal for a fair solution. As agreed, the Legal Service
will start dealing with the part of your request concerning cases
C-601/15PPU and C-445/15, registered on 30 October 2017 under reference
2017/6016.
 
In accordance with Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents, your application
will be handled within 15 working days. The time limit will expire on 21
November 2017. As already informed, we will launch the consultations with
Member States regarding the identified documents. In case this time limit
needs to be extended, you will be informed in due course.
 
Yours sincerely,
 
 
 
European Commission
Legal Service/Service Juridique
Information and documentation team 
Berlaymont - Rue de la Loi 200, 1040 - Bruxelles
 
 
 
 

Service juridique

1 Attachment

Dear Mrs Izuzquiza,
 
We refer to your request for access to submissions to Court of Justice in
cases C-601/15PPU and C-445/15. The deadline to reply to your request
expired on 22 November 2017.
 
Your application is currently being handled. However, the Legal Service
was not in a position to complete the handling of it in the time limit of
15 working days. This delay is motivated by the fact that the documents
concerned by your request are originating from Member States and,
therefore, according to article 4(4) of Regulation 1049/2001 we have
consulted them on the disclosure of their documents. Please be aware that
we have already received most of the replies and are proceeding to assess
them.
 
In these circumstances, we have to extend the time limit with 15 working
days in accordance with Article 7(3) of Regulation (EC) No 1049/2001
regarding public access to documents. The new time limit expires on 13
December 2017. In any case, be assured that we will do our utmost to reply
to you in the shortest possible time.
 
Yours sincerely,
 
______________________
European Commission
Legal Service
Information and documentation team
 
Email: [SJ request email] 
 
 
 

Service juridique

Dear Ms Izuzquiza,

We refer to your request for the access to the documents, registered under reference GestDem 2017/6016.

We would like to inform you that the requested documents concerning case C-601/15PPU, i.e. documents submitted by the Member States, are available in the language of the proceedings, i.e. Dutch, in the language of the Member States and in French. Could you please specify the language in which you would like to receive the documents?

Furthermore, we have noticed that you have submitted your request via the online platform Ask the EU. In order to enable us to send you the documents via e-mail, could you please provide us with a personal e-mail address? If this is not possible, please note that we can send you the documents to be disclosed only by post.

Kind regards,

Maria SKYLODIMOU
Legal Assistant
European Commission
Legal Service
BERL 01/070
B-1049 Brussels/Belgium
+32 229 -68637
[email address]

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Dear Legal Service,

Thank you very much for your response.

In regards to the availability of the documents in different languages, I would like to receive the documents in all languages available for each of the proceedings.

In regards to the means of sending these documents, I would prefer for them to be sent to this e-mail address. If the Legal Service would consider this is not a valid option, I would like to know the reasons why.

Many thanks in advance.

Yours faithfully,

Luisa Izuzquiza

Service juridique

1 Attachment

Dear Ms Izuzquiza,

 

We refer to your request for the access to the documents, registered under
reference GestDem 2017/6016.

 

The reply to your request, which concerns 21 documents, has been submitted
for approval to the competent persons. However, we are still not in a
position to complete the handling of your request within the extended
deadline which expires today.

We will do our upmost to reply to you by the end of this week.

 

Kind regards,

 

Access to Documents team

 

[1]cid:image001.gif@01D1747B.A20B1610
European Commission
Legal Service
BERL

B-1049 Brussels

 

 

 

References

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Service juridique

12 Attachments

 
Dear Ms Izuzquiza,
 
Please find attached the reply to your request for access to documents
together with its enclosures .
 
Yours sincerely,
 
 
 
Access to documents team 
European Commission
Legal Service

BERL
B-1049 Brussels/Belgium
 
 
 
 
 
 
 
 
 
 
 
 
 

Service juridique

13 Attachments

 
Dear Ms Izuzquiza,
 
Please find attached the reply to your request for access to documents
together with its enclosures (the last part of the documents).
 
Yours sincerely,
 
 
 
Access to documents team 
European Commission
Legal Service

BERL
B-1049 Brussels/Belgium
 
 

Service juridique

1 Attachment

Dear Ms Izuzquiza,

 

In accordance with the fair solution agreed upon on 30/10/2017, we have
now registered a new request for access to documents under reference
GestDem 2017/5404, corresponding to the second batch of your request. The
new request concerns the documents filed by Member States in cases
C-194/15, C-163/15 and C-143/15. The deadline expires on 18/01/2018. You
will be informed in due time in case this deadline needs to be extended.

 

Kind regards,

 

Access to documents team

 

[1]cid:image001.gif@01D1747B.A20B1610
European Commission
Legal Service
[2][email address]

 

 

 

References

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2. mailto:[email address]

Service juridique

1 Attachment

Dear Ms Izuzquiza,

 

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 expires
today. 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 08/02/2018.

 

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

 

Yours sincerely,

 

Access to Documents team

 

[1]cid:image001.gif@01D1747B.A20B1610
European Commission
Legal Service - Berlaymont
B-1049 Brussels/Belgium

[2][email address]

 

 

References

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2. mailto:[email address]

Service juridique

20 Attachments

Dear Ms Izuzquiza,
 
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]

Service juridique

1 Attachment

Dear Ms Izuzquiza,

 

In accordance with the fair solution agreed upon on 30/10/2017, we have
now registered a new request for access to documents under reference
GestDem 2018/0672, corresponding to the third batch of your request. The
new request concerns the documents filed by Member States in cases
C-124/15, C-22/15, C-454/14 and C-446/14P. The deadline expires on
22/02/2018. You will be informed in due time in case this deadline needs
to be extended.

 

Kind regards,

 

Access to documents team

 

[1]cid:image001.gif@01D1747B.A20B1610
European Commission
Legal Service
[2][email address]

 

 

 

 

References

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2. mailto:[email address]

Service juridique

11 Attachments

Dear Ms Izuzquiza,
 
Please find attached the reply to your request for access to documents
together with its enclosures.
 
In accordance with the fair solution agreed upon on 30/10/2017, we have
now registered a new request for access to documents under reference
GestDem 2018/1072, corresponding to the forth batch of your request. The
new request concerns the documents filed by Member States in cases
C-429/14 and C-336/14. The deadline expires on 13/03/2018. You will be
informed in due time in case this deadline needs to be extended.
 
Yours sincerely,
 
Access to documents team
 
European Commission
Legal Service
[1][email address]
 
 
 
 
 
 
 
 
 

References

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1. mailto:[email address]

Service juridique

11 Attachments

Dear Ms Izuzquiza,
 
Please find attached the reply to your request for access to documents
together with its enclosures.
 
In accordance with the fair solution agreed upon on 30/10/2017, we have
now registered a new request for access to documents under reference
GestDem 2018/1072, corresponding to the forth batch of your request. The
new request concerns the documents filed by Member States in cases
C-429/14 and C-336/14. The deadline expires on 13/03/2018. You will be
informed in due time in case this deadline needs to be extended.
 
Yours sincerely,
 
Access to documents team
 
European Commission
Legal Service
[1][email address]
 
 
 
 
 
 
 
 
 

References

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1. mailto:[email address]

Service juridique

15 Attachments

Dear Ms Izuzquiza,
 
Please find attached the reply to your request for access to documents
together with its enclosures.
 
In accordance with the fair solution agreed upon on 30/10/2017, we have
now registered a new request for access to documents under reference
GestDem 2018/1490, corresponding to the fifth batch of your request. The
new request concerns the documents filed by Member States in cases
C-314/14 and C-229/14. The deadline expires on 04/04/2018. You will be
informed in due time in case this deadline needs to be extended.
 
Yours sincerely,
 
Access to documents team
 
European Commission
Legal Service
[1][email address]
 
 
 
 
 

References

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1. mailto:[email address]

Service juridique

1 Attachment

Dear Mrs Izuzquiza,
 
We refer the above mentioned application, which is the 5^th batch of your
request of 30 October 2017, concerning the documents filed by Member
States in cases C-314/14 and C-229/14.
 
Your application is currently being handled. However, we have not been in
a position of completing its handling within the time limit of 15 working
days, which expires today on 04/04/2018. An extended time limit is needed
as your application concerns documents of which the Commission is not the
author and, according to Article 4(4) of Regulation 1049/2001, the
Commission has to consult the third parties from which these documents
originate.
 
Furthermore, following the judgment of the Court in Case C-213/15P,
Breyer, the Legal Service has received an important number of requests
concerning third parties documents and, in addition, it's presently
confronted to a large number of requests concerning other type 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 and hopefully in the extended dead-line expiring on
25/04/2018.
 
We apologise for this delay and for any inconvenience this may cause.
 
Yours sincerely,
 
___________________________
EUROPEAN COMMISSION
LEGAL SERVICE
Information and documentation team
 
Email: [1][SJ request email]
 
 
 
 

References

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1. mailto:[SJ request email]

Service juridique

18 Attachments

Dear Ms Izuzquiza,
 
Please find attached the reply to your request for access to documents
together with its enclosures.
 
In accordance with the fair solution agreed upon on 30/10/2017, we have
now registered a new request for access to documents under reference
GestDem [1]2018/2274 , corresponding to the sixth batch of your request.
The new request concerns the documents filed by Member States in cases
C-292/14 and C-179/14. The deadline expires on 23/05/2018. You will be
informed in due time in case this deadline needs to be extended.
 
Yours sincerely,
 
Access to documents team
 
European Commission
Legal Service
[2][email address]
 
 
 

References

Visible links
1. http://www.cc.cec/gestdem/demandes/viewD...
2. mailto:[email address]

Service juridique

1 Attachment

Dear Ms Izuzquiza,

 

We refer to your request for access to documents registered under
reference Gestdem 2018/2274.

 

Your request is currently being handled. However, the Legal Service is not
yet in position to complete the handling of your request within the time
limit of 15 working days, which expired yesterday. This delay is motivated
by the fact that the documents concerned by your request are originating
from Member States and, therefore, according to article 4(4) of Regulation
(EC) No 1049/2001 we have consulted them on the disclosure of their
documents. Please be aware that we have already received most of the
replies and are proceeding to assess them.

 

In these circumstances, we have to extend the time limit with 15 working
days in accordance with Article 7(3) of Regulation (EC) No 1049/2001
regarding public access to documents. The new time limit expires on
13/06/2018. In any case, be assured that we will do our utmost to reply to
you in the shortest possible time.

 

Yours sincerely,

 

Access to documents team

 

European Commission
Legal Service
[1][email address]

 

References

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1. mailto:[email address]

EC ARES NOREPLY,

10 Attachments

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

[5]Ares(2018)4963451 - Request for access to document registered under
reference GestDem 2018/3206

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

Dear Ms Izuzquiza,

 

Please find attached the reply of the Legal Service to your
above-referenced request for access to documents.

 

Kindly note that the requested documents are transmitted via email only.

 

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

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1. file:///tmp/cid:filelist.xml@01D45669.8A65CFF0
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/ext/doc...
7. mailto:[email address]