Judgment of the General Court (Ninth Chamber) of 1 September 2021 –
Homoki v Commission
(Case T‑517/19) (1)
(Access to documents – Regulation (EC) No 1049/2001 – Final report of the OLAF investigation into the implementation of a street-lighting investment project in Hungary – Refusal to grant access – Exception relating to the protection of the purpose of inspections, investigations and audits – Exception relating to the protection of the commercial interests of a third party – Exception relating to the protection of privacy and the integrity of the individual – Protection of personal data)
1. Action for annulment – Actionable measures – Concept – Decision refusing an initial request for access to documents of an institution – Not included
(Art. 263 TFEU; European Parliament and Council Regulation No 1049/2001, Art. 8)
(see paras 19, 20)
2. 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
(European Parliament and Council Regulation No 1049/2001, Art. 4)
(see paras 47-50)
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 – Possibility of relying on general presumptions applicable to certain categories of documents – Subject matter
(European Parliament and Council Regulation No 1049/2001, Art. 4)
(see paras 51, 54)
4. EU institutions – Right of public access to documents – Regulation No 1049/2001 – Exceptions to the right of access to documents – Protection of the purpose of inspections, investigations and audits – Application to documents on the administrative file of an investigation of the European Anti-Fraud Office (OLAF) – General presumption that disclosure of the said documents will undermine protection of the interests involved in such an investigation
(European Parliament and Council Regulations No 1049/2001 and No 883/2013)
(see paras 55-57)
5. European Union – Institutions – Right of public access to documents – Regulation No 1049/2001 – Exceptions to the right of access to documents – Protection of the purpose of inspections, investigations and audits – Scope – Application after the closure of those activities – Conditions
(European Parliament and Council Regulation No 1049/2001, Art. 4(2), 3rd indent)
(see paras 59-63)
Operative part
The Court:
1. | | Annuls Decision No OCM(2019)11506 of the European Anti-Fraud Office (OLAF) of 22 May 2019, in so far as it refused to grant access to the final report of the OLAF investigation in Case No OF/2015/0034/B4, with any personal data concerning witnesses, internal notes and references to OLAF’s methods redacted; |
2. | | Dismisses the action as to the remainder; |
3. | | Orders the Commission to pay the costs. |