Request for access to documents between Gartner Inc. and DG for Communications Networks, Content and Technology
Dear Communications Networks, Content and Technology,
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:
- Gartern Inc. wins tender for public contract with DG for Communications Networks, Content and Technology
- Service contracts concluded with Gartner Inc. as auditors based on INTPA Audit Framework Contract, local/regional framework service contracts or following a call for tender.
- Contractual documents between Gartner Inc. and DG for Communications Networks, Content and Technology
Yours faithfully,
Xavier Coadic
Dear Sir or Madam,
We are writing to you concerning your request for access to documents sent
on 04/09/2024 and registered on 04/09/2024 under case number 2024/4579.
Since you have not indicated your postal address, we are not able to start
handling your request. The 15 working days to reply to your request will
start running only when you send us your postal address.
You can send your postal address by replying to this e-mail. If we do not
receive your reply we may close this case.
Please note that you can submit a request for access to Commission
documents via the portal [1]'Request a Commission document', which does
not require you to indicate your postal address.
Why do we need your personal postal address?
Since 1 April 2014, the submission of a postal address became a mandatory
feature when submitting an application for access to Commission documents
via an e-mail. We would like to explain why we need your postal address in
order to register and handle your application for access to documents when
submitted via e-mail:
• Firstly, to obtain legal certainty as regards the date you received
the European Commission reply to your application for public access to
documents. Article 297 of the Treaty on the Functioning of the
European Union (TFEU) states that 'decisions which specify to whom
they are addressed, shall be notified to those to whom they are
addressed and shall take effect upon such notification.' In line with
this provision, if the Commission does not grant full access to the
requested documents, it notifies the reply to the applicant via
registered mail with acknowledgement of receipt or via delivery
service. This requires an indication of a valid postal address by the
applicant;
• Secondly, to apply correctly the [2]Data Protection Regulation (EU)
2018/1725. Knowing whether the applicant is an EU resident (or not) is
necessary for deciding which conditions shall apply for the
transmissions of personal data to applicants for access to documents.
These conditions are not the same for recipients established in the
Union and for recipients in third countries. As the vast majority of
the documents requested contain personal data, the Commission cannot
ensure the correct application of the data protection rules in the
absence of a postal address;
• Thirdly, to apply correctly [3]Regulation (EC) No 1049/2001. Article
4(1)(b) of that Regulation refers to the protection of the privacy and
integrity of the individual and has to be applied in line with the
Data Protection Regulation;
• Fourthly, to protect the interest of other citizens and safeguard the
principle of good administration. The Commission has to treat all
citizens equally by ensuring that the legal framework for public
access to documents is respected. For example, it has to verify
whether Article 6(3) of Regulation (EC) No 1049/2001 is being evaded
by introducing several requests under different identities. Indeed, in
its Ryanair judgment ([4]EU:T:2010:511), the General Court confirmed
that Article 6(3) of Regulation (EC) No 1049/2001 cannot be evaded by
splitting an application into several, seemingly separate, parts. In
addition, the Commission has to make sure that the legal framework is
respected and the right of access to documents is not abused by making
requests under an invented identity.
The considerations above show that the request for and the consequent
processing of the applicant's postal address is not only appropriate, but
also strictly necessary for the performance of a task carried out in the
public interest within the meaning of Article 5(1)(a) of Data Protection
Regulation, namely providing a smooth and effective access to documents.
Yours faithfully,
Secretariat-General - Access to Documents
European Commission
References
Visible links
1. https://www.ec.europa.eu/transparency/do...
2. https://eur-lex.europa.eu/legal-content/...
3. https://eur-lex.europa.eu/legal-content/...
4. https://eur-lex.europa.eu/legal-content/...
Dear Sir or Madam,
We hereby acknowledge the receipt of your request for access to documents
sent on 04/09/2024 and registered on 04/09/2024 under the case number
2024/4579.
We will handle your request within 15 working days as of the date of
registration. The time-limit expires on 25/09/2024. 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,
Secretariat-General - Access to Documents
European Commission
References
Visible links
1. https://ec.europa.eu/info/principles-and...
Dear Sir,
Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2024/4579.
Kind regards,
DG CONNECT Access to Documents Team
Dear Communications Networks, Content and Technology,
Thank you for your kind message and explanation in order to clarify my request.
I would therefore ask you to forward to me in relation to GARTNER BELGIUM BVBA :
- all contracts concluded between YOU and GARTNER BELGIUM BVBA
- GARTNER BELGIUM BVBA wins a tender for a public contract with the DG for communication networks, content and technology
- Service contracts concluded with GARTNER BELGIUM BVBA. as auditors on the basis of the INTPA audit framework contract, local/regional service framework contracts or following a call for tenders.
- Contractual documents between GARTNER BELGIUM BVBA. and the DG for communication networks, content and technology
Yours faithfully,
Xavier Coadic
Dear Sir,
We are writing concerning your request for access to Commission documents
registered on 4 September 2024 under case number EASE 2024/4579.
On 19 September 2024 we asked you to clarify the scope of your request
since it was not clear.
Since you have not replied to our clarification request, we could not
start handling it and we have closed this case.
Kind regards,
DG CONNECT Access to Documents Team
Dear Sir or Madam,
We hereby acknowledge the receipt of your request for access to documents
sent on 01/10/2024 and registered on 06/10/2024 under the case number
2024/5220.
We will handle your request within 15 working days as of the date of
registration. The time-limit expires on 28/10/2024. 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 Communications Networks, Content and Technology -
Access to Documents
European Commission
References
Visible links
1. https://ec.europa.eu/info/principles-and...