Judgment;Summary — ECLI:EU:C:2023:640
Date: 2023-09-07
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: Germany

summary, the appellant claims, on the basis of Article 4(2) of Regulation (EC) No 1049/2001, 1 to have a right to full access to documents concerning the implementation of the Horizon 2020 research project ‘iBorderCtrl: Intelligent Portable Border Control System’. The public interest in disclosure with regard to the publicly funded development of AI systems which are intended to be used by authorities responsible for border control as polygraphs or to asses a risk posed by persons seeking to enter the country, outweighs private commercial interests. Due to the ethical, social and human rights implications of the high-risk technology in question, the public interest in access to information arises already at the beginning of the research phase and cannot legitimately be deferred to the phase after completion of the research project. The system for the dissemination of results provided for in Regulation No 1290/2013 1 and the grant agreement is not capable of satisfying academic interest, media interest and the interest of the public in general in the project. ____________ 1 Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001 L 145, p. 43). 1 Regulation (EU) No 1290/2013 of the European Parliament and of the Council of 11 December 2013 laying down the rules for participation and dissemination in “Horizon 2020 – the Framework Programme for Research and Innovation (2014-2020)” and repealing Regulation (EC) No 1906/2006 (OJ 2013 L 347, p. 81).