Information;Judgment — ECLI:EU:T:2025:51
Date: 2025-01-22
Language of the case: German
Court formation: Fifth Chamber
Subject matter: Provisions governing the Institutions;Access to documents
Procedure: Action for annulment - unfounded;Action for annulment - successful
Origin: Germany

Judgment of the General Court (Fifth Chamber) of 22 January 2025 – eClear v Commission (Case T‑127/23) ( Access to documents – Regulation (EC) No 1049/2001 – Binding tariff information decisions – Refusal to grant access – Definition of ‘document’ – Substantial investment – Exception relating to the protection of personal data – Exception relating to the protection of the commercial interests of a third party ) 1. EU institutions – Right of public access to documents – Regulation No 1049/2001 – Limitations of the principle of access to documents – Existence of the documents forming the subject matter of the application for access – Presumption of non-existence based on the statement to that effect by the institution concerned – Simple presumption rebuttable on the basis of relevant and consistent evidence (European Parliament and Council Regulation No 1049/2001) (see paragraph 30) 2. EU institutions – Right of public access to documents – Regulation No 1049/2001 – Scope – Application for access seeking to obtain a search in databases – Included – Limits – Communication of information which cannot be extracted from those databases using existing search tools – Not included (European Parliament and Council Regulation No 1049/2001, Arts 2(1), 3(a) and 4) (see paragraphs 36, 41, 44-46) 3. EU institutions – Right of public access to documents – Regulation No 1049/2001 – Requirement that the institution should examine the documents specifically and individually – Examination proving particularly onerous and inappropriate – Derogation from the obligation to examine – Limited scope – Burden of proof lying with the institution – Obligation of the institution to liaise with the applicant (European Parliament and Council Regulation No 1049/2001, Arts 7(3) and 8(2)) (see paragraphs 48, 62) 4. EU institutions – Right of public access to documents – Regulation No 1049/2001 – Exceptions to the right of access to documents – Requirement that the institution should examine the documents specifically and individually – Scope – Derogation from the obligation to conduct such an examination – Conditions (European Parliament and Council Regulation No 1049/2001, Art. 4) (see paragraphs 58-60, 69, 77) 5. EU institutions – Right of public access to documents – Regulation No 1049/2001 – Exceptions to the right of access to documents – Refusal to grant access – Requirement that the institution should examine the documents specifically and individually – Possibility to base reasoning on general presumptions applying to certain categories of documents – Limits (European Parliament and Council Regulation No 1049/2001, Art. 4(2)) (see paragraphs 61, 82) 6. EU institutions – Right of public access to documents – Regulation No 1049/2001 – Exceptions to the right of access to documents – Protection of privacy and integrity of the individual – Provisions of Regulation 2018/1725 fully applicable – Obligation on the applicant to demonstrate the need to communicate the personal data in question – Scope (European Parliament and Council Regulations No 1049/2001, Art. 4(1)(b), and 2018/1725, Art. 9(1)(a) and (b)) (see paragraph 67) 7. EU institutions – Right of public access to documents – Regulation No 1049/2001 – Exceptions to the right of access to documents – Protection of the commercial interests of a third party – Scope – Information concerning the trade name and additional data – Concept – Requirement that the institution should examine the documents specifically and individually – Possibility to base reasoning on general presumptions applying to certain categories of documents – Limits (Art. 339 TFEU; European Parliament and Council Regulation No 1049/2001, Art. 4(2), first indent) (see paragraphs 82, 83, 86-92) 8. EU institutions – Obligations – Preservation of professional secrecy – Establishing whether information is covered by professional secrecy – Criteria (Art. 339 TFEU) (see paragraph 84) 9. EU institutions – Right of public access to documents – Regulation No 1049/2001 – Exceptions to the right of access to documents – Documents emanating from third parties – Requirement for prior consultation of the third parties concerned – Scope (European Parliament and Council Regulation No 1049/2001, Art. 4(4)) (see paragraph 114) Operative part The Court: 1. Annuls section 2.4 and section 4, only in so far as that latter section refers to invalid binding tariff information decisions, of Commission Decision C(2023) 3193 final of 8 May 2023; 2. Dismisses the action as to the remainder; 3. Orders the European Commission to pay the costs.