Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Your request for Access to Documents - Fair Solution Proposal -
Ares(2022)7429108  (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 Fanta,

We refer to your e-mail of 20 October 2022, by which you make request for
access to documents.

Documents requested

Your requests concern the Commission’s submissions in the following cases:

-      T-651/21, Hans-Wilhelm Saure v Commission ;

-      T-524/21, Hans-Wilhelm Saure v Commission ;

-      T-506/21, Hans-Wilhelm Saure v Commission ;

-      T-448/21, Hans-Wilhelm Saure v Commission ;

-      T-232/21, Hans-Wilhelm Saure v Commission ;

-      T-154/21, Hans-Wilhelm Saure v Commission ;

-      T-151/21, Hans-Wilhelm Saure v Commission.

Documents concerned and assessment of documents

The Legal Service has established a list of the documents concerned by
your request. The total number of documents requested is 23.

Please note that the Commission’s Legal Service has to carry out a
concrete assessment of them before taking the decision of granting /
refusing access. This is to guarantee that they can actually be disclosed
and do not contain any information that should be covered by any of the
exceptions of Regulation 1049/2001, despite the fact that these cases are
no longer pending before the Court.

Finally, it will have to draft the reply, submit it for review and
internal approval and prepare the reply as well as the documents for
electronic dispatch.

Fair solution proposal

Due to the large number of documents concerned by your request and the
procedure to deal with it, the Legal Service will be unable to provide you
with a reply within the time limit set by Article 7 of Regulation
1049/2001. In this respect, please also note that the Commission cannot
privilege one applicant and has to guarantee that all the requests are
dealt with within the deadlines of Regulation 1049/2001 or, where not
possible – as in the present case – to seek a fair solution in conformity
with Article 6(3) that reconciles the interests of the applicant with
those of good administration.

In accordance with the case-law of the EU Courts, a fair solution can only
concern the content or the number of documents applied for, not the
deadline for replying (judgment of 2 October 2014 in Case C-127/13, Guido
Strack v. Commission, EU:C:2014:2250, paragraphs 26-28). This means that
the scope of your request must be narrowed down in a way that would enable
its treatment within the extended deadline of 15 + 15 working days from
the date or registration of your request.

In view of the foregoing, we would like to propose a fair solution that
enables us to reconcile your interest with the principle of good
administration and without prejudice to other applicants’ requests.

The Legal Service considers that it would be in a position to deal within
the extended deadline with the documents relating to four out of the seven
cases requested.

Kindly send your agreement to this proposal indicating which case you
would like us to deal with to the following email address:
[SJ request email].

The Legal Service will proceed dealing with the relevant request upon
receiving your agreement and the deadline will start running accordingly.
Once the Commission has sent you its reply, you may certainly file a new
request for access.

Language

Please also take into consideration that the language of the proceedings
in the cases concerned was German. Therefore the requested submissions
held by the Commission are available in German, but in case of some
submissions we also hold French translations.

Could you therefore indicate  in which language you would prefer to
receive the documents?

Finally, kindly note that the "AsktheEU.org" website is a private website
which has no link with any institution of the European Union. Therefore,
the European Commission cannot be held accountable for any technical
issues or problems linked to the use of this system. Hence, the European
Commission is not responsible for any possible processing of personal data
by the private organisation running the AsktheEU.org website, through
which you have channelled your request. Please refer to their privacy
policy. If you do not wish that your correspondence with the Commission is
published on a private third-party website such as AsktheEU.org, you can
provide us with an alternative, private e-mail address for further
correspondence.  In that case, the Commission will send all future
electronic correspondence addressed to you only to that private address,
and it will use only that private address to reply to your request. You
should still remain responsible to inform the private third-party website
about this change of how you wish to communicate with, and receive a reply
from, the Commission.

Yours faithfully,

Access to Documents team

[6]cid:image001.png@01D8295E.30135E70

European Commission

Legal Service

Berlaymont

B-1049 Brussels/Belgium

[7][email address]

References

Visible links
1. file:///tmp/cid:filelist.xml@01D8E93F.D4F33630
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 Sir or Madam,

We hereby acknowledge the receipt of your request for access to documents
sent on 26/10/2022 and registered on 27/10/2022 under the case number
2022/6107.

We will handle your request within 15 working days as of the date of
registration. The time-limit expires on 21/11/2022. 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,

Legal service - Access to Documents
European Commission

References

Visible links
1. https://ec.europa.eu/info/principles-and...

Dear Mr Fanta,

We refer to your request, registered under reference 2022/6107, 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).

You have received on 27 October an Acknowledgement of receipt, stating
that we will handle your request within 15 working days as of the date of
registration, the time-limit expiring on 21/11/2022. However, as per our
fair solution proposal, please note that the correct deadline should have
been indicated as 12 December 2022 (15 + 15 days). We apologise for the
confusion.

Thank you for your understanding.

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 Mr Fanta,

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 and the documents 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]