Order of the General Court of 22 November 2022 – Validity v Commission

(Case T-640/20) 1

(Action for annulment – Access to documents – Regulation (EC) No 1049/2001 – Documents relating to a draft call for proposals co-funded by the ERDF – Documents originating from a Member State – Partial refusal of access – Disclosure after the action had been brought – Interest in bringing proceedings ceasing to exist – No need to adjudicate in part – Request to modify the application – Partial inadmissibility)

Language of the case: English

Parties

Applicant: Validity Foundation – Mental Disability Advocacy Centre (Budapest, Hungary) (represented by: B. Van Vooren and R. Oyarzabal Arigita, lawyers)

Defendant: European Commission (represented by: K. Herrmann and A. Spina, acting as Agents)

Re:

By its action based on Article 263 TFEU, the applicant seeks the annulment, first, of Commission Decision C(2020) 5540 final of 6 August 2020, by which the Commission refused it access to documents relating to a draft call for proposals from the Hungarian authorities and, secondly, of Commission Decision C(2021) 2834 final of 19 April 2021 granting it access to those documents.

Operative part of the order

There is no longer any need to adjudicate on the application for annulment of Commission Decision C(2020) 5540 final of 6 August 2020, by which the Commission refused Validity Foundation – Mental Disability Advocacy Centre access to documents relating to a draft call for proposals of the Hungarian authorities.

The remainder of the action is dismissed as inadmissible.

Each party is ordered to bear its own costs.

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1     OJ C 9, 11.1.2021.