Judgment of the General Court of 11 June 2015 — McCullough v Cedefop
(Case T-496/13) 1
(Access to documents — Regulation (EC) No 1049/2001 — Documents relating to the award of public contracts and the conclusion of the ensuing contracts — Request seeking the production of documents in the context of criminal proceedings — Refusal of access — Exception relating to the protection of privacy and the integrity of the individual — Exception relating to the protection of the decision-making process)
Language of the case: English
Parties
Applicant: Colin Boyd McCullough (Thessalonica, Greece) (represented by: G. Matsos, lawyer)
Defendant: European Centre for the Development of Vocational Training (Cedefop) (represented: initially by C. Lettmayr, acting as Agent, then by M. Fuchs, acting as Agent, and, initially, E. Petritsi, lawyer, then E. Petritsi and E. Roussou, then E. Roussou and P. Anestis, lawyers, and, lastly, P. Anestis)
Re:
Application for annulment of Cedefop’s decision of 15 July 2013 refusing access to the minutes of its Governing Board, those of its Bureau and those of the ‘Knowledge Management System’ Steering Group for the period from 1 January 2002 to 31 December 2005; for an order that Cedefop supply the requested documents and a request to authorise, pursuant to Article 16 of Regulation (EEC) No 337/75 of the Council of 10 February 1975 establishing a European Centre for the Development of Vocational Training (OJ 1975 L 39, p. 1), and to Article 1 of the Protocol on the Privileges and Immunities of the European Union, the Greek national authorities to enter the premises and buildings of Cedefop, in accordance with the applicable Greek legislation, to investigate, search and confiscate in those premises and buildings, in order to obtain the requested documents and to investigate possible offences.
Operative part of the judgment
The Court:
Annuls the decision of the European Centre for the Development of Vocational Training (Cedefop) of 15 July 2013 refusing access to the minutes of its Governing Board, of its Bureau and of the ‘Knowledge Management System’ Steering Group for the period 1 January 2002 to 31 December 2005 in so far as that decision refuses access to the minutes of the Governing Board and the Bureau, except as regards access to the surnames of the members of the Governing Board and the Bureau;
Dismisses the action as to the remainder;
Declares that Cedefop shall bear its own costs and orders it to pay three quarters of the costs incurred by Mr Colin Boyd McCullough;
Declares that Mr McCullough shall bear one quarter of his own costs.
________________________1 OJ C 344, 23.11.2013.