Judgment of the General Court (Eighth Chamber) of 7 July 2011 – Valero Jordana v Commission

(Case T-161/04)

Access to documents – Regulation (EC) No 1049/2001 – Reserve list for an open competition and individual decisions concerning the appointment of officials – Refusal of access – Exception concerning privacy and the integrity of the individual – Protection of personal data – Regulation (EC) No 45/2001

1.                     European Union – Institutions – Right of public access to documents – Regulation No 1049/2001 – Exceptions to the right of access to documents – Duty to state reasons – Scope (Art. 253 EC; European Parliament and Council Regulation No 1049/2001) (see paras 48-49)

2.                     European Union – Institutions – Right of public access to documents – Regulation No 1049/2001 – Exceptions to the right of access to documents – Protection of privacy and the integrity of the individual – Scope – Duty to assess in accordance with EU legislation on the protection of personal data (European Parliament and Council Regulations No 45/2001, Arts 1(1) and 2(a) and (b), and No 1049/2001, Art. 4(1)(b)) (see paras 87-89, 91, 95-96, 102)

3.                     Acts of the institutions – Statement of reasons – Obligation – Scope – Reasoning put forward during proceedings not mentioned in the contested decision – Not permissible (Art. 253 EC) (see para. 107)

Re:

APPLICATION for annulment of the decision of the Commission of 10 February 2004 refusing the applicant’s request for access to the reserve list for open competition A7/A6 COM/A/637 and the individual decisions appointing officials in Grade A 6 from 5 October 1995.

Operative part

The Court:

1. Annuls the decision of the Commission of the European Communities of 10 February 2004 refusing to give Mr Gregorio Valero Jordana access to the reserve list for open competition A7/A6 COM/A/637 and the individual decisions appointing officials in Grade A 6 from 5 October 1995;

2. Orders the Commission to bear its own costs and to pay Mr Valero Jordana’s costs;

3. Orders the Kingdom of Sweden to bear its own costs;

4. Orders the European Data Protection Supervisor (EDPS) to bear his own costs;

5. Removes the Kingdom of Denmark as an intervener in Case T‑161/04;

6. Orders the Kingdom of Denmark to bear its own costs;

7. Orders Mr Valero Jordana, the Commission, the Kingdom of Sweden and the EDPS to bear their own costs in regard to the Kingdom of Denmark’s intervention.