EUROPEAN COMMISSION
LEGAL SERVICE
The Director-General
Brussels, 16 March 2022
By email
Mr. Patryck Wachowiec
Forum Obywatelskiego Rozwoju
ul. Ignacego Krasickiego 9A
02-628 Warszawa
Poland
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Subject:
Request for access to documents
Ref.:
Your request of 2 February 2022, registered on 3 February 2022, under
reference GestDem 2022/0763.
Dear Mr. Wachowiec,
By letter of 1 February 2022, the Legal Service replied to your request1, under Regulation
(EC) No 1049/20012, regarding documents of the infringement proceeding INFR(2021)2114,
by which it disclosed the letter of formal notice sent to Germany on 9 June 2021 and the
response of Germany of 3 August 2021 to the letter of formal notice.
On 2 February, you sent an additional application, under Regulation (EC) No 1049/2001,
requesting:
̶ “
any document sent by the Commission to Germany (and vice-versa) in case
INFR(2021)2114, following Germany's response of 3 August 2021 to the letter of formal
notice, in particular a document of 2 December 2021 informing that the case was closed;
̶ any opinion of the Legal Service provided in relation to the mentioned case”.
Regarding the first point of your request, I would like to inform you that the Commission has
not sent any document to Germany (and vice-versa) after the 3rd of August 2021, nor has the
Commission sent a letter to the German authorities informing them on the closure of the
infringement proceeding. Please note however that on 2 December 2021, the Commission has
issued a press release on the decision to close the infringement procedure against Germany.
This is a public document that can be consulted by following the link:
https://ec.europa.eu/commission/presscorner/detail/en/inf_21_6201.
1 Request reference GestDem 2021/7610. Legal Serivce’s reply reference Ares(2022)746396.
2 Official Journal L 145, 31.05.2001, page 43.
European Commission, B-1049 Brussels / Europese Commissie, B-1049 Brussel - Belgium. Telephone: (32-2) 299 11 11.
Office: BERL 1/080. Telephone: direct line (32-2) 296 13 86.
E-mail: xxxxxx.xxxxxxxxxxxxxx@xx.xxxxxx.xx
As regards the second point of your request, please be informed that the Legal Service has not
drafted any legal opinion in relation to the infringement proceeding INFR(2021)2114.
Article 2(2) of Regulation No 1049/2001 states that “
[t]his Regulation shall apply to all
documents held by an institution, that is to say, documents drawn up or received by it and its
possession, in all areas of activity of the European Union”. As pointed out above, the
Commission has not identified any document corresponding to you request and, therefore, it is
unable to grant any access.
Should you wish the position contained in this reply to be reconsidered, you should present in
writing, within fifteen working days from receipt of this letter, a confirmatory application to
the Secretariat-General of the Commission at the following address:
European Commission
Secretariat-General
Unit C.1.
“Transparency, Document Management & Access to Documents”
BERL 7/076
B-1049 Brussels
or by e-mail t
o: xxxxxxxxxx@xx.xxxxxx.xx
Yours sincerely,
[
signed electronically]
Daniel CALLEJA CRESPO
2