Judgment of the General Court of 22 March 2018 — De Capitani v Parliament
(Case T-540/15) 1
(Access to documents — Regulation (EC) No 1049/2001 — Documents concerning an ongoing legislative procedure — Trilogues — Four-column tables relating to the Proposal for a Regulation of the European Parliament and of the Council on Europol and repealing Decisions 2009/371/JAI and 2005/681/JAI — Partial refusal of access — Action for annulment — Interest in bringing proceedings — Admissibility — First subparagraph of Article 4(3) of Regulation No 1049/2001 — Exception relating to the protection of the decision-making process — No general presumption that access should be refused to four-column tables drawn up for the purposes of trilogues)
Language of the case: English
Parties
Applicant: Emilio De Capitani (Brussels, Belgium) (represented by: O. Brouwer, J. Wolfhagen and E. Raedts, lawyers)
Defendant: European Parliament (represented initially by: N. Görlitz, A. Troupiotis and C. Burgos, and subsequently by N. Görlitz, C. Burgos and I. Anagnostopoulou, acting as Agents)
Interveners in support of the defendant: Council of the European Union (represented by: E. Rebasti, B. Driessen and J.-B. Laignelot, acting as Agents) and European Commission (represented by: J. Baquero Cruz and F. Clotuche-Duvieusart, acting as Agents)
Re:
Application pursuant to Article 263 TFEU seeking annulment of Decision A(2015) 4931 of the European Parliament of 8 July 2015, refusing to grant the applicant full access to the documents LIBE-2013-0091-02 and LIBE-2013-0091-03.
Operative part of the judgment
The Court:
Annuls Decision A(2015) 4931 of the European Parliament of 8 July 2015 in so far as it refuses to grant Mr Emilio De Capitani full access to documents LIBE-2013-0091-02 and LIBE-2013-0091-03;
Orders the Parliament to bear its own costs and to pay those incurred by Mr De Capitani;
Orders the Council of the European Union and the European Commission to bear their own costs.
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1 OJ C 398, 30.11.2015.