Judgment of the General Court of 15 July 2015 — Dennekamp v Parliament
(Case T-115/13) 1
(Access to documents — Regulation (EC) No 1049/2001 — Documents relating to the affiliation of certain Members of the European Parliament to the additional pension scheme — Refusal to grant access — Exception relating to the protection of privacy and the integrity of the individual — Article 8(b) of Regulation (EC) No 45/2001 — Transfer of personal data — Conditions concerning the necessity of having the data transferred and the risk that the data subject’s legitimate interests might be prejudiced)
Language of the case: English
Parties
Applicant: Gert-Jan Dennekamp (Giethoorn, Netherlands) (represented by: O. Brouwer, T. Oeyen and E. Raedts, lawyers)
Defendant: European Parliament (represented by: N. Lorenz and N. Görlitz, acting as Agents)
Interveners in support of the applicant: Republic of Finland (represented by H. Leppo, acting as Agent); Kingdom of Sweden (represented initially by: A. Falk, C. Meyer-Seitz, S. Johannesson and U. Persson, and subsequently by: A. Falk, C. Meyer-Seitz, U. Persson, E. Karlsson, L. Swedenborg, C. Hagerman and F. Sjövall, acting as Agents); and European Data Protection Supervisor (EDPS) (represented by: A. Buchta and U. Kallenberger, acting as Agents)
Re:
Application for annulment of Decision A(2012) 13180 of the European Parliament of 11 December 2012 refusing to grant the applicant access to certain documents relating to the affiliation of certain Members of the European Parliament to the additional pension scheme.
Operative part of the judgment
The Court:
Declares that there is no need to adjudicate on the application for annulment of Decision A(2012) 13180 of the European Parliament of 11 December 2012 refusing to grant Mr Gert-Jan Dennekamp access to certain documents relating to the affiliation of certain Members of the European Parliament to the additional pension scheme in so far as access is thereby refused to the names of the 65 Members of the European Parliament who were applicants in the cases giving rise to the order of 15 December 2010 in Albertini and Others and Donnelly v Parliament (T-219/09 and T-326/09, ECR, EU:T:2010:519) and to the judgment of 18 October 2011 in Purvis v Parliament (T-439/09, ECR, EU:T:2011:600);
Annuls Decision A(2012) 13180 in so far as access is thereby refused to the names of Members participating in the additional pension scheme of the European Parliament who, as members of the Parliament’s plenary, actually took part in the votes on that additional pension scheme held on 24 April 2007, 22 April 2008 and 10 May 2012;
Dismisses the action as to the remainder;
Orders the European Parliament to bear its own costs and to pay three quarters of those incurred by Mr Dennekamp;
Orders Mr Dennekamp to bear one quarter of his own costs;
Orders the European Data Protection Supervisor (EDPS), the Republic of Finland and the Kingdom of Sweden to bear their own costs.
____________1 OJ C 114, 20.4.2013.