# C_2020230EN.01002801.xml

| 13.7.2020 | EN | Official Journal of the European Union | C 230/28 |
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13.7.2020

EN

Official Journal of the European Union

C 230/28

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Judgment of the General Court of 28 May 2020 –Campbell v Commission

(Case T-701/18) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Documents in relation to Ireland’s compliance or non-compliance with its obligations under Council Framework Decisions 2008/909/JHA, 2008/947/JHA, 2009/829/JHA - Refusal to grant access - Article 4(2), third indent, of Regulation No 1049/2001 - Exception relating to the purpose of inspections, investigations and audits - General presumption of confidentiality)

(2020/C 230/35)

Language of the case: English

Parties

Applicant: Liam Campbell (Dundalk, Ireland) (represented by: J. MacGuill, Solicitor, and E. Martin-Vignerte, lawyer)

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

Re:

Application under Article 263 TFEU for annulment of Commission Decision C(2018) 6642 final of 4 October 2018 refusing access to documents in relation to Ireland’s compliance or non-compliance with its obligations under Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union (OJ 2008 L 327, p. 27), Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions (OJ 2008 L 337, p. 102) and Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention (OJ 2009 L 294, p. 20).

Operative part of the judgment

The Court:

| 1. | Annuls Decision C(2018) 6642 final of the European Commission of 4 October 2018 refusing access to documents in relation to Ireland’s compliance or non-compliance with its obligations under Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union, Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions and Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention; |
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1.

Annuls Decision C(2018) 6642 final of the European Commission of 4 October 2018 refusing access to documents in relation to Ireland’s compliance or non-compliance with its obligations under Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union, Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions and Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention;

| 2. | Orders the Commission to pay the costs. |
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2.

Orders the Commission to pay the costs.

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(1)  OJ C 187, 3.6.2019.

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