Ref. Ares(2022)6813465 - 03/10/2022
EUROPEAN COMMISSION
SECRETARIAT-GENERAL
Directorate E - Citizens, Health, Migration & Security Union
The Director
Brussels
SG.E.3/FB
Mr Moritz NEUJEFFSKI
Heidebrinker Straße 10,
13357 Berlin
GERMANY
By email only to the email address: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – GESTDEM 2022/5104
Dear Mr Neujeffski,
I refer to your request of 8 September 2022 under Regulation (EC) No 1049/2001
regarding public access to documents (hereafter, ‘Regulation 1049/2001’), registered by
the Commission on 12 September 2022 under the reference number above.
In your application, you request access to:
1. ‘A list of EU Pilot cases from the EU Pilot database handled by the European
Commission between 1 January 2008 and 1 September 2022, including the cases’
reference numbers, titles and dates of issue, preferably in the format of xlsx, csv or
json’;
2. ‘A list of complaints by businesses, business representatives or trade associations
handled under EU Pilot during the same time period.’
You also provide a reasoning seeking to establish a ‘public interest in the disclosure of
these information’.
As regards part 1 of your request, the Commission does not hold a list of EU Pilot cases
since 2008 that would contain precisely the information you request, namely ‘reference
numbers, titles and dates of issue’.
The Commission’s list of EU Pilot cases includes over 30 entries for each of the more than
9 000 cases. Assessing the whole list under the exceptions for public access of Regulation
1049/2001 would result in a disproportionate administrative burden. Some of the entries
require an individual assessment, for instance with regard to confidentiality of ongoing
investigations or concerning personal data. In the light of the very high number of
individual cases requested by you, this assessment cannot be conducted within the time
limits set by Regulation 1049/2001.
Regulation 1049/2001 does not require the Commission to compile a document to satisfy a
request for public access to documents. However, under the Code of Good Administrative
Behaviour, the Commission can share information with the public in reply to requests for
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
information. We therefore provide you, by way of information, with a list of closed EU
Pilot cases including reference number, date of submission to the Member State, policy
sector concerned, and, where extractable from the database, EU law affected. You will
find a copy of the list attached to this letter.
Regarding part 2 of your request, the Commission does not hold a ‘list of complaints by
businesses, business representatives or trade associations’. The Commission holds
information on the origin of a complaint in each complaint file individually, but which
cannot be extracted as an overview.
Should you disagree with this position, you are entitled, in accordance with Article 7(2) of
Regulation 1049/2001, to submit a confirmatory application requesting the Commission to
review this position.
Such a confirmatory application should be addressed within 15 working days upon receipt
of this letter to the Secretariat-General of the Commission at the following address:
European Commission
Secretariat-General
Unit C.1. ‘Transparency, Document Management and Access to Documents’
BERL 7/076
B-1049 Brussels, or by email t
o: xxxxxxxxxx@xx.xxxxxx.xx.
Yours sincerely,
William SLEATH
Enclosure (1):
List of closed EU Pilot cases (2008 to September 2022).
2
Electronically signed on 03/10/2022 17:30 (UTC+02) in accordance with Article 11 of Commission Decision (EU) 2021/2121
