Judgment of the General Court (Eighth Chamber) of 8 December 2021 –
JP v Commission
(Case T‑247/20) (1)
(Access to documents – Regulation (EC) No 1049/2001 – Documents relating to Open Competition EPSO/AD/363/18 for the recruitment of administrators at grade AD 7 in the field of taxation – Restriction of the scope of the application for access – Refusal to grant access – Article 4(3) of Regulation No 1049/2001 – Exception relating to the protection of the decision-making process – Article 6 of Annex III to the Staff Regulations – Secrecy of the selection board’s proceedings – Partial access – Non-contractual liability)
1. EU institutions – Right of public access to documents – Regulation No 1049/2001 – Exceptions to the right of access to documents – Obligation to state reasons – Scope
(Art. 296 TFEU; Charter of Fundamental Rights of the European Union, Art. 41(2)(c); European Parliament and Council Regulation No 1049/2001, Art. 4)
(see paras 41-44)
2. EU institutions – Right of public access to documents – Regulation No 1049/2001 – Exceptions to the right of access to documents – Protection of the decision-making process – Scope – Documents relating to a competition for the recruitment of EU officials – Included
(European Parliament and Council Regulation No 1049/2001, Art. 4(3))
(see para. 51)
3. EU institutions – Right of public access to documents – Regulation No 1049/2001 – Exceptions to the right of access to documents – Refusal to grant access – Requirement that the institution should examine the documents specifically and individually – Scope
(European Parliament and Council Regulation No 1049/2001, Art. 4)
(see paras 53, 54)
4. EU institutions – Right of public access to documents – Regulation No 1049/2001 – Request for access to documents relating to a competition for the recruitment of EU officials – Subject to the Staff Regulations of Officials – Observance of the secrecy of the selection board’s proceedings
(Staff Regulations of Officials, Annex III, Art. 6; European Parliament and Council Regulation No 1049/2001)
(see paras 55-58)
5. EU institutions – Right of public access to documents – Regulation No 1049/2001 – Exceptions to the right of access to documents – Protection of the decision-making process – Disclosure of questions set in tests for an open competition for the recruitment of EU officials – Presumption that the decision-making process will be undermined – Limits
(European Parliament and Council Regulation No 1049/2001, Art. 4)
(see paras 60-64, 81-84)
6. EU institutions – Right of public access to documents – Regulation No 1049/2001 – Exceptions to the principle of access to documents – Obligation to grant partial access to data not covered by the exceptions – Observance of the principle of proportionality
(European Parliament and Council Regulation No 1049/2001, Art. 4(6))
(see paras 124, 125)
7. Judicial proceedings – Application initiating proceedings – Formal requirements – Identification of the subject matter of the dispute – Summary statement of the pleas in law on which the application is based – Action seeking compensation for loss caused by an EU institution – Application for compensation for non-pecuniary damage – Minimum requirements
(Rules of Procedure of the General Court, Art. 76(d))
(see paras 139-141)
Operative part
The Court:
1. | | Annuls Commission Decision C(2020) 1195 final of 24 February 2020 concerning a confirmatory application for access to documents under Regulation (EC) No 1049/2001 in so far as it refused to grant JP access to the questions set out in the sections of the evaluation by the assessors of her answers during the field-related interview (Document No 1) headed ‘Anchor’ and ‘Possible questions’ and refused to grant access to the questions set out in the sections of the evaluation by the assessors of her answers during the general competency-based interview (Document No 2) headed ‘Situation 1’, ‘Situation 2’ and ‘Situation 3’ in the context of Competition EPSO/AD/363/18; |
2. | | Dismisses the action as to the remainder; |
3. | | Orders each party to bear its own costs. |