Brussels, 29 June 2020
SRB/CM01/ARES (2020
)3922428
Via e-mail only
Mr Mathias Schindler
E-mail:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Subject: Your request for access to SRB documents
Our reference Ares (2020)3093565
Dear Mr Schindler,
Thank you for your e-mail dated 8 June 2020, registered by the Single Resolution Board
(”
SRB”) on 15 June 2020 under the above-mentioned reference number (“
Initial
Application”), in which you request access to certain SRB documents.
I treated your request for access to documents in accordance with Regulation (EC) No
1049/2001 regarding public access to European Parliament, Council and Commission
documents1 (”
Regulation (EC) No 1049/2001”) and the SRB Decision of 9 February
2017 on public access to the SRB documents2 (”
Public Access Decision”).
1. The scope of your request for access to documents
You have requested “
any information related to Palantir Technologies, Inc. and its products
and services, including”:
i) “
meeting records (drafts, memos, invitations, appointments, cancellations) involving
Palantir officials and people representing Palantir and their interests”;
ii) “
correspondence (including within the [Authority name] and with the European
institutions concerning Palantir technologies and / or its products and services or the
regulatory environment of the EU that affects their products and services. This may include
policy papers, consultation input, memoranda or any other form of information”;
1 Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public
access to European Parliament, Council and Commission documents, OJ L 145, 31.5.2001, p. 43.
2 SRB/ES/2017/01. This decision lays down the practical measures for applying Regulation (EC) No 1049/2001 in
accordance with Article 90(2) of Regulation (EU) No 806/2014.
Single Resolution Board, Treurenberg 22, B-1049 Brussels, Belgium
Tel: +32 2 490 30 00, http://srb.europa.eu/ Twitter: @EU_SRB
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iii) “
invoices, tenders, service agreements, purchases, orders, procurement documents,
offers etc. concerning products and services using Palantir Technologies”.
As regards your request for “
any information related to Palantir Technologies Inc and its
products and services”, I would like to note that a request for information
per se does not
fall under the scope of Regulation (EC) No 1049/2001. However, I gather from your
application that the documents requested shall be related to Palantir Technologies, Inc.
and its products and services.3
2. Assessment and conclusions under Regulation (EC) No 1049/2001
After having carefully examined your request for access to the documents under points (i)-
(iii) above in accordance with Regulation (EC) No 1049/2001 and the Public Access
Decision, I regret to inform you that the SRB does not hold any documents that would
correspond to the description given in your application.
As specified in Article 2(3) of Regulation (EC) No 1049/2001, the scope of the right of
access as defined in that Regulation applies only to existing documents in the possession
of the SRB.
Given that the SRB does not hold any documents corresponding to the description given in
your application, I am not in a position to grant your request.
I would also like to note that the SRB is not compelled to create a document that does not
already exist in order to address a specific request for public access. In accordance with
settled case law of the Court of Justice of the EU, the EU institutions are entitled to limit
themselves to indicating that the requested document(s) does not exist, without specifying
the reasons4.
3. Means of redress
In accordance with Article 7(2) of the Public Access Decision and Regulation (EC)
No 1049/2001, you are entitled to make a confirmatory application requesting the SRB to
reconsider its position.
3 Judgment of the Court of first Instance of 25 April 2007, WWF European Policy Programme v Council, T 264/04,
ECLI:EU:T:2007:114, paragraph 76.
4 Judgement of the Court of First Instance of 12 October 2000, JT´s Corporation Ltd v Commission, T 123/99,
ECLI:EU:T:2000:230, paragraph 67.
Single Resolution Board, Treurenberg 22, B-1049 Brussels, Belgium
Tel: +32 2 490 30 00, http://srb.europa.eu/ Twitter: @EU_SRB
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Such a confirmatory application should be addressed within 15 working days upon receipt
of this letter to the following address:
Single Resolution Board
For the attention of the Executive Session
Corporate Secretariat (P06/50)
Treurenberg 22
B-1049 Bruxelles
or by e-mail to
: xxxxxxxxxxxxxxx@xxx.xxxxxx.xx Yours sincerely,
[signed]
Kathrin LOHMANN
Acting Head of SRB Secretariat
Single Resolution Board, Treurenberg 22, B-1049 Brussels, Belgium
Tel: +32 2 490 30 00, http://srb.europa.eu/ Twitter: @EU_SRB
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