# C_2020423EN.01000801.xml

| 7.12.2020 | EN | Official Journal of the European Union | C 423/8 |
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7.12.2020

EN

Official Journal of the European Union

C 423/8

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Judgment of the Court (Sixth Chamber) of 21 October 2020 — European Central Bank v Insolvent Estate of Espírito Santo Financial Group SA

(Case C-396/19 P) (1)

(Appeal - Decision 2004/258/EC - Article 4(1)(a) - Protocol on the Statute of the European System of Central Banks and of the European Central Bank (ECB) - Article 10.4 - Access to ECB documents - Decision of the Governing Council - Confidentiality of the meetings and deliberations of ECB bodies - Outcome of deliberations - Partial refusal of access - Undermining of the protection of the public interest - Obligation to state reasons)

(2020/C 423/11)

Language of the case: English

Parties

Appellant: European Central Bank (represented by: F. Malfrère and M. Ioannidis, acting as Agents, and by H.-G. Kamann, Rechtsanwalt)

Other party to the proceedings: Insolvent Estate of Espírito Santo Financial Group SA (represented by: D. Duarte de Campos and S. Estima Martins, advogados)

Operative part of the judgment

The Court:

| 1. | Sets aside point 1 of the operative part of the judgment of the General Court of the European Union of 13 March 2019, Espírito Santo Financial Group v ECB (T-730/16, not published, EU:T:2019:161), in so far as the General Court annulled the decision of the European Central Bank (ECB) of 31 August 2016 partially refusing to disclose certain documents relating to the ECB decision of 1 August 2014 concerning Banco Espírito Santo SA in that, by that decision, the ECB refused to disclose the amount of credit set out in the extracts of the minutes recording the decision of the Governing Council of the ECB of 28 July 2014; |
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1.

Sets aside point 1 of the operative part of the judgment of the General Court of the European Union of 13 March 2019, Espírito Santo Financial Group v ECB (T-730/16, not published, EU:T:2019:161), in so far as the General Court annulled the decision of the European Central Bank (ECB) of 31 August 2016 partially refusing to disclose certain documents relating to the ECB decision of 1 August 2014 concerning Banco Espírito Santo SA in that, by that decision, the ECB refused to disclose the amount of credit set out in the extracts of the minutes recording the decision of the Governing Council of the ECB of 28 July 2014;

| 2. | Sets aside point 3 of the operative part of the judgment of the General Court of the European Union of 13 March 2019, Espírito Santo Financial Group v ECB (T-730/16, not published, EU:T:2019:161), in so far as it ruled on costs; |
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2.

Sets aside point 3 of the operative part of the judgment of the General Court of the European Union of 13 March 2019, Espírito Santo Financial Group v ECB (T-730/16, not published, EU:T:2019:161), in so far as it ruled on costs;

| 3. | Dismisses the appeal as to the remainder; |
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3.

Dismisses the appeal as to the remainder;

| 4. | Dismisses the action for annulment brought by the Insolvent Estate of Espírito Santo Financial Group SA in so far as it seeks annulment of the European Central Bank (ECB) decision of 31 August 2016 partially refusing to disclose certain documents relating to the ECB decision of 1 August 2014 concerning Banco Espírito Santo SA in that, by that decision, the ECB refused to disclose the amount of credit set out in the extracts from the minutes recording the decision of the Governing Council of the ECB of 28 July 2014; |
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4.

Dismisses the action for annulment brought by the Insolvent Estate of Espírito Santo Financial Group SA in so far as it seeks annulment of the European Central Bank (ECB) decision of 31 August 2016 partially refusing to disclose certain documents relating to the ECB decision of 1 August 2014 concerning Banco Espírito Santo SA in that, by that decision, the ECB refused to disclose the amount of credit set out in the extracts from the minutes recording the decision of the Governing Council of the ECB of 28 July 2014;

| 5. | Orders the Insolvent Estate of Espírito Santo Financial Group SA to bear its own costs and to pay half of those incurred by the European Central Bank in the proceedings both at first instance and on appeal; |
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5.

Orders the Insolvent Estate of Espírito Santo Financial Group SA to bear its own costs and to pay half of those incurred by the European Central Bank in the proceedings both at first instance and on appeal;

| 6. | Orders the European Central Bank to bear half of its own costs incurred in the proceedings both at first instance and on appeal. |
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6.

Orders the European Central Bank to bear half of its own costs incurred in the proceedings both at first instance and on appeal.

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(1)  OJ C 319, 23.9.2019.

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