English versions of the observations submitted in the Weiss case (C‑493/17)
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 English versions of the observations submitted in the Weiss case (C‑493/17) on behalf of:
– Mr Weiss and Others, by C. Degenhart,
– Mr Lucke and Others, by H.-D. Horn and G. Beck, Barrister,
– Mr Gauweiler, by D. Murswiek,
– Mr von Stein and Others, by M.C. Kerber, Rechtsanwalt,
– the Deutsche Bundesbank, by A. Guericke, acting as Agent, and by U. Soltész, C. von Köckritz and B. Herz, Rechtsanwälte,
– the German Government, by T. Henze, J. Möller and U. Häde, acting as Agents,
– the Greek Government, by K. Boskovits, S. Charitaki and A. Magrippi, acting as Agents,
– the French Government, by D. Colas, D. Segoin and E. de Moustier, acting as Agents,
– the Italian Government, by G. Palmieri, acting as Agent, and by F. De Luca and P. Gentili, avvocati dello Stato,
– the Portuguese Government, by L. Inez Fernandes, M. Figueiredo, T. Larsen and P. Machado, acting as Agents,
– the Finnish Government, by S. Hartikainen, acting as Agent,
– the European Commission, by L. Flynn, J.-P. Keppenne, C. Ladenburger and B. Martenczuk, acting as Agents,
– the European Central Bank (ECB), by C. Zilioli, K. Kaiser and C. Kroppenstedt, acting as Agents, and by H.-G. Kamann, Rechtsanwalt,
Thank you for attending to this request.
Yours faithfully,
Alexander
Dear Mr Johnston,
Thank you for your below request for access to documents.
Unfortunately, you have not indicated your postal address which is necessary for registering and handling your request in line with the procedural requirements.
Please send us your full postal address at your earliest convenience. Pending your reply, we reserve the right to refuse the registration of your request.
Alternatively, you may directly use the electronic form available on the Europa website under:
http://ec.europa.eu/transparency/regdoc/....
Yours faithfully,
Access to Documents team
European Commission
Legal Service
Berlaymont
B-1049 Brussels/Belgium
[email address]
Dear [email address],
Thank you for your message. Further to which, I write to confirm that my address is as follows:
[ADDRESS REDACTED]
[ADDRESS REDACTED]
[ADDRESS REDACTED]
[ADDRESS REDACTED]
Please note that I do not require physical copies of the documents requested. Electronic copies will suffice.
Yours sincerely,
Alexander Johnston
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[5]Ares(2021)1474390 - Your request for access to documents - Confirmation
of Registration
Sent by ve_sj.acces docs (SJ) <[SJ request email]>. All responses
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Envoyé par ve_sj.acces docs (SJ) <[SJ request email]>. Toutes les
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Dear Mr Johnston,
Thank you for having provided your full postal address.
We hereby acknowledge receipt of your request for access to documents
concerning “English versions of the observations submitted in the Weiss
case (C‑493/17) “, which has been registered today, 25 February 2021,
under reference number: GestDem 2021/1067.
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 18
March 2021. You will be informed in due course, in case this time limit
needs to be extended.
For information on how we process your personal data visit our page
[6]Privacy statement – access to documents.
Yours faithfully,
Access to Documents team
[7]cid:image001.gif@01D1747B.A20B1610
European Commission
Legal Service
Berlaymont
B-1049 Brussels/Belgium
[8][email address]
References
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5. https://webgate.ec.testa.eu/Ares/documen...
6. https://ec.europa.eu/info/principles-and...
8. mailto:[email address]
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[5]Ares(2021)1498442 - Your request for Access to Documents - Reference:
GestDem2021/1067 - Language
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 Mr Johnston,
Reference is made to your application for access to documents, received on
22 February 2021, concerning: “English versions of the observations
submitted in the Weiss case (C‑493/17)”.
Prior to handling your request, we would like to inform you that the
potential documents are not available in English. The only language
versions the Commission holds are the original languages and a German
translation (the language of the proceedings in this case) thereof.
In the light of the above, we kindly ask you to confirm whether you
maintain your request and, if so, to specify the language of your
preference.
Many thanks and kind regards
Access to Documents team
[6]cid:image001.gif@01D407C0.3E8CFF10
European Commission
Legal Service
Berlaymont
B-1049 Brussels/Belgium
[7][email address]
References
Visible links
1. file:///tmp/cid:filelist.xml@01D70C1F.CDBF1310
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/documen...
7. mailto:[email address]
Dear ve_sj.acces docs (SJ),
Thank you for your reply.
According to a request made on 13th May 2020, that which the Legal Service could disclose at the time was made available, in German, here: <https://www.asktheeu.org/en/request/the_...>.
I therefore have no need of, and retract my, request for the observations of the Deutsche Bundesbank, the Finnish Government, the Greek Government, the Portuguese Government, Mr Lucke a.o., Mr Weiss a.o., the Italian Government and Mr von Stein a.o.
In an attendant statement issued on 17th July 2020 (<https://www.asktheeu.org/en/request/7965...>), the Legal Service explained that the French Government, German Government and ECB refused to grant access to their written observations. If their positions have been revised, I would be grateful for their observations in German.
The statement also explained the observations of the European Commission to be available in French and German here: <https://ec.europa.eu/dgs/legal_service/s...>. Can you kindly confirm whether there exists any means by which one can obtain an English version? If an English copy cannot be sourced, please consider my request for the Commission's observations to be retracted.
I understand that "the Court did not notify [the observations submitted by Mr. Gauweiler] to the Commission" and so I retract my request for this document.
Yours sincerely,
Alexander Johnston
Dear Mr Johnston,
We take note of your decision to retract parts of your request, as mentioned below.
Indeed, the Commission's Written Observations in the Weiss Case are only available in German, the language of the proceedings, and a French translation thereof. An English version is not available.
Concerning the submissions by the French Government, the German Government and the ECB, the Legal Service will consult these parties in the coming days and inform you on the outcome.
Kind regards,
Access to Documents team
European Commission
Legal Service
Berlaymont
B-1049 Brussels/Belgium
[email address]
Dear [email address],
Thank you for your message. I will await the outcome vis-a-vis the French Government, German Government and ECB.
Finally, can you kindly confirm whether another institution might have the observations for all parties in English? I trust that, were this the case, the Legal Service would have volunteered this information, however, I would consider it remiss of me not to at least ask. Many thanks.
Yours sincerely,
Alexander Johnston
Dear Mr Johnston,
Kindly note that written submissions (including any available language versions) concerning a Court case are transmitted by the Court to the Commission in its capacity as participant in the court proceedings.
Yours faithfully,
Access to Documents team
European Commission
Legal Service
Berlaymont
B-1049 Brussels/Belgium
[email address]
Dear [email address],
Thank you for clarifying.
I await confirmation of the position(s) of the French Government, German Government and ECB regarding their observations.
Yours sincerely,
Alexander Johnston
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[5]Ares(2021)1957982 - Your request for Access to Documents - Reference:
GestDem2021/1067
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 Mr Johnston,
We refer to your above-referenced 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, pages
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, and given the extraordinary situation due to the
Corona-pandemic, our services are presently working with limited
resources. Furthermore, your request concerns documents of which the
Commission is not the author. According to Article 4(4) of Regulation (EC)
No 1049/2001, the Legal Service has to consult the third parties from
which these documents originate. These consultation procedures add an
additional administrative step and time factor to the handling of your
access request.
In this context, we will not be in a position to complete the processing
of your request within the time limit of 15 working days, which expires
today, 18 March 2021.
For this reason, this time-limit will be extended by 15 working days, in
accordance with Article 7(3) of Regulation (EC) No 1049/2001, to expire on
13 April 2021.
Thank you for your understanding.
Yours sincerely,
Access to Documents team
[6]cid:image001.gif@01D407C0.3E8CFF10
European Commission
Legal Service
Berlaymont
B-1049 Brussels/Belgium
[7][email address]
References
Visible links
1. file:///tmp/cid:filelist.xml@01D71C06.1DC59AF0
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/documen...
7. mailto:[email address]
Dear ve_sj.acces docs (SJ),
Thank you for your message. I write to acknowledge your extension of the time-limit.
Yours sincerely,
Alexander
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[5]Ares(2021)2206721 - Your request for Access to Documents - Reference:
GestDem2021/1067
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 Mr Johnston,
Please find attached the Legal Service’s reply to your above-referenced
request for access to documents.
Under the current COVID-19 pandemic circumstances, the Commission is
unable to send you the original of this reply by Registered Mail.
In the light of this, we kindly ask you to confirm and acknowledge, by
return email, receipt of the Commission Legal Service’s reply.
Thank you for your understanding.
Yours sincerely,
Access to Documents team
[6]cid:image001.gif@01D407C0.3E8CFF10
European Commission
Legal Service
Berlaymont
B-1049 Brussels/Belgium
[7][email address]
References
Visible links
1. file:///tmp/cid:filelist.xml@01D72580.AD4179F0
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/documen...
7. mailto:[email address]