# C_2018042EN.01003902.xml

| 5.2.2018 | EN | Official Journal of the European Union | C 42/39 |
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5.2.2018

EN

Official Journal of the European Union

C 42/39

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Action brought on 8 December 2017 — De Masi and Varoufakis v ECB

(Case T-798/17)

(2018/C 042/55)

Language of the case: German

Parties

Parties

Applicants: Fabio De Masi (Hamburg, Germany) and Yanis Varoufakis (Athens, Greece) (represented by: Professor A. Fischer-Lescano)

Applicants:

Defendant: European Central Bank

Defendant:

Form of order sought

Form of order sought

The applicants claim that the Court should:

| — | annul the decision of the Executive Board of the European Central Bank, notified by letter of 16 October 2017, by which the applicants’ application for access to the European Central Bank document ‘Responses to questions concerning the interpretation of Article 14.4 of the Statute of the ESCB and of the ECB’ of 23 April 2015 was rejected; |
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annul the decision of the Executive Board of the European Central Bank, notified by letter of 16 October 2017, by which the applicants’ application for access to the European Central Bank document ‘Responses to questions concerning the interpretation of Article 14.4 of the Statute of the ESCB and of the ECB’ of 23 April 2015 was rejected;

| — | order the defendant to pay the costs of the proceedings, including the costs of any intervening party, pursuant to Article 87(2) of the Rules of Procedure of the General Court. |
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order the defendant to pay the costs of the proceedings, including the costs of any intervening party, pursuant to Article 87(2) of the Rules of Procedure of the General Court.

Pleas in law and main arguments

Pleas in law and main arguments

In support of the action, the applicants rely on two pleas in law.

| 1. | First plea in law: Incorrect application of the second indent of Article 4(2) of Decision of the European Central Bank of 4 March 2004 on public access to European Central Bank documents (ECB/2004/3) (1)







  — | The applicants claim that the publication of the legal opinion in question would not undermine the defendant’s legal advice and that there is an overriding public interest in its disclosure. Furthermore, there was a lack of consideration and a failure to state adequate reasons. |
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1.

First plea in law: Incorrect application of the second indent of Article 4(2) of Decision of the European Central Bank of 4 March 2004 on public access to European Central Bank documents (ECB/2004/3) (1)

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The applicants claim that the publication of the legal opinion in question would not undermine the defendant’s legal advice and that there is an overriding public interest in its disclosure. Furthermore, there was a lack of consideration and a failure to state adequate reasons.

| 2. | Second plea in law: Incorrect application of Article 4(3) of Decision of the European Central Bank of 4 March 2004 on public access to European Central Bank documents (ECB/2004/3)






  — | Publication of the legal opinion in question would not undermine its internal use as part of deliberations and preliminary consultations within the European Central Bank, or for exchanges of views between the European Central Bank and national central banks. |
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2.

Second plea in law: Incorrect application of Article 4(3) of Decision of the European Central Bank of 4 March 2004 on public access to European Central Bank documents (ECB/2004/3)

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Publication of the legal opinion in question would not undermine its internal use as part of deliberations and preliminary consultations within the European Central Bank, or for exchanges of views between the European Central Bank and national central banks.

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(1)  Decision of the European Central Bank of 4 March 2004 on public access to European Central Bank documents (ECB/2004/3) (OJ 2004 L 80, p. 42).

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