Judgment of the General Court of 25 September 2014 –Spirlea v Commission
(Case T-669/11) 1
(Access to documents — Regulation (EC) No 1049/2001 — Document emanating from Germany in the context of an EU Pilot procedure — Article 4(4) and (5) — Third indent of Article 4(2) — Refusal of access — Breach of essential procedural requirements — Obligation to carry out a concrete and individual examination — Partial access — Overriding public interest)
Language of the case: German
Parties
Applicants: Darius Nicolai Spirlea and Mihaela Spirlea (Capezzano Pianore, Italy) (represented by: initially, V. Foerster and T. Pahl, and, subsequently, V. Foerster and E. George, lawyers)
Defendant: European Commission (represented by: P. Costa de Oliveira and H. Kraemer, acting as Agents)
Re:
Application for annulment of the Commission’s decision of 9 November 2011 refusing to allow the applicants access to the observations submitted by the Federal Republic of Germany to the Commission on 7 July 2011 in the context of EU Pilot procedure No 2070/11/SNCO.
Operative part of the judgment
The Court:
Dismisses the action;
Orders each party to bear its own costs.
________________________1 OJ C 65, 3.3.2012.