Request for Full Text of the Action Brought by the European Commission (Case C-378/09)
To whom it may concern,
We are reaching out to you with a request for the provision of the copy/full text of the action brought by the European Commission on September 23, 2009, in the matter of failure to fulfil obligations under Article 226 EC against the Czech Republic, which resulted in the Judgment of the Court of Justice (Eighth Chamber) of June 10, 2010, Case C-378/09, ECLI identifier: ECLI:EU:C:2010:337.
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).
Thank you for your assistance.
Yours faithfully,
Vaclav Korcak
Dear Sir or Madam,
We are writing to you concerning your request for access to documents sent
on 21/03/2025 and registered on 21/03/2025 under case number 2025/1632.
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,
Thank you for your response. Please find my postal address below:
Narodni 58
110 00 Nove Mesto
Prague
Czech Republic
Yours faithfully,
Vaclav Korcak
Dear Sir or Madam,
We hereby acknowledge the receipt of your request for access to documents
sent on 21/03/2025 and registered on 21/03/2025 under the case number
2025/1632.
We will handle your request within 15 working days as of the date of
registration. The time-limit expires on 11/04/2025. 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 Mr Korcak,
Reference is made to your request for access to documents registered on
21.03.2025 with reference EASE 2025/1632.
Before assessing whether access/no access may be granted, we would like to
inform you that the potential documents are not available in English.
Instead, the documents are available in Czech, the language of the
proceedings. Alternatively, we can provide you with a French translation.
In the light of the above, we kindly ask you to confirm whether you
maintain your request and, if so, to inform us which is the language you
prefer.
We look forward to hearing from you.
Yours sincerely,
Access to Documents team
European Commission
Legal Service
Berlaymont
B-1049 Brussels/Belgium
[1][email address]
References
Visible links
1. mailto:[email address]
Dear Sir or Madam,
Thank you for your response. I would like to confirm that I maintain my request. Please provide the documents in Czech language.
Yours faithfully,
Vaclav Korcak
Dear Mr Korcak,
Attached, please find the Legal Service’s reply to your above-referenced
request for access to documents.
We kindly ask you to confirm and acknowledge, by return email, receipt of
the Commission Legal Service’s reply letter and the document attached.
Yours sincerely,
Access to Documents team
European Commission
Legal Service
Berlaymont
B-1049 Brussels/Belgium
[1][email address]
References
Visible links
1. mailto:[email address]
Link: [1]File-List
Link: [2]themeData
Link: [3]colorSchemeMapping
[4]Kind reminder RE: Reply to the request for case 2025/1632 sent to the
applicant - Ares(2025)3074580 (Please use this link only if you are an
Ares user – Svp, utilisez ce lien exclusivement si vous êtes un(e)
utilisateur d’Ares)
Dear Mr Korcak,
Further to our message with reference: Ares(2025)2851409, and unless there
has been an error on our part, we have not received your confirmation on
the reception of the Commission Legal Service’s reply to your request for
access referenced: EASE 2025/1632.
Accordingly, we kindly ask you to confirm and acknowledge, by return
email, receipt of the Commission Legal Service’s reply and documents sent
to you on 8 April 2025.
Yours sincerely,
Access to Documents team
European Commission
Legal Service
Berlaymont
B-1049 Brussels/Belgium
[5][email address]
From: [email address]
<[email address]>
Sent: Tuesday, April 8, 2025 3:20 PM
To: SJ ACCES DOCS <[email address]>
Subject: Reply to the request for case 2025/1632 sent to the applicant
The reply to the request for access to document for case [6]2025/1632 has
been sent to [7]KORCAK, Vaclav on 02/04/2025 10:41.
The reply has been registered as [8]Ares(2025)2851409.
The case is closed.
References
Visible links
1. file:///tmp/cid:filelist.xml@01DBADEC.F8DF9150
2. file:///tmp/~~themedata~~
3. file:///tmp/~~colorschememapping~~
4. https://webgate.ec.testa.eu/Ares/documen...
5. mailto:[email address]
6. https://intragate.ec.europa.eu/ease/case...
7. https://intragate.ec.europa.eu/ease/appl...
8. https://intragate.ec.europa.eu/Ares/docu...