Order — ECLI:EU:C:2019:436
Date: 2019-05-21
Language of the case: German
Court formation: Tenth Chamber
Subject matter: Provisions governing the Institutions;Access to documents
Procedure: Action for annulment;Appeal - unfounded
Origin: Hungary

Order of the Court (Tenth Chamber) of 21 May 2019 — Pint v Commission (Case C‑770/18 P) (Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Regulation (EC) No 1049/2001 — Third indent of Article 4(2) — Public access to documents — Documents relating to an EU Pilot procedure — Refusal to grant access — Exception relating to the protection of the purpose of inspections, investigations and audits — General presumption of confidentiality — Overriding public interest in disclosure — Claim for directions to be issued to an EU institution — Appeal manifestly unfounded) 1. Action for annulment — Jurisdiction of the EU judicature — Claim seeking that directions be issued to an institution — Inadmissibility (Arts 263 and 266 TFEU) (see paras 5, 6) 2. 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 concerning an EU Pilot procedure — General presumption that the exception to the right of access applies — Lawfulness (European Parliament and Council Regulation No 1049/2001, Art. 4(2), third indent) (see paras 5, 6) 3. 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 — Overriding public interest justifying the disclosure of documents — Invocation of the principle of transparency — Need to put forward particular considerations in relation to the case (European Parliament and Council Regulation No 1049/2001, Art. 4(2), third indent) (see paras 5, 6) 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 — Overriding public interest justifying the disclosure of documents —Definition — Interest of an individual in obtaining disclosure of documents relating to an ongoing EU Pilot procedure concerning the compatibility of national rules with EU law for the purposes of ensuring the observance of that law in the Member State concerned — Not included (European Parliament and Council Regulation No 1049/2001, Art. 4(2), third indent) (see paras 5, 6) 5. Actions for failure to fulfil obligations — Right of the Commission to bring judicial proceedings — Establishment of the EU Pilot mechanism to detect possible failures to fulfil obligations under EU law — Assessment of the expediency of bringing proceedings — To be exercised at its discretion (Art. 258 TFEU) (see paras 5, 6) 6. 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 — Overriding public interest justifying the disclosure of documents —Definition — Interest in obtaining disclosure of documents relating to an ongoing EU Pilot procedure concerning the compatibility of national rules with EU law in order to facilitate the exercise of rights of individuals in the context of an action concerning the same rules before the national courts — Not included (European Parliament and Council Regulation No 1049/2001, Art. 4(2), third indent) (see paras 5, 6) Operative part 1. The appeal is dismissed as being manifestly unfounded. 2. Ms Anikó Pint is ordered to bear her own costs.