Judgment — ECLI:EU:T:2003:235
Date: 2003-09-17
Language of the case: Italian
Court formation: Fourth Chamber, Extended Composition
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: State aids;Competition;Provisions governing the Institutions;Access to documents
Concepts: Documents originating from a Member State
Procedure: Action for annulment - unfounded
Origin: Italy

Summary of the Judgment 
1. European Communities — Institutions — Public right of access to documents — 
Regulation No 1049/2001 — Limits on the right of access to documents — Non­
disclosure of a document originating from a Member State without that State's prior 
agreement 
(Art. 255 EC; Regulation No 1049/2001 of the European Parliament and of the 
Council, Art. 4(5)) 
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SUMMARY — CASE T-76/02 
2. European Communities — Institutions — Public right of access to documents — 
Regulation No 1049/2001 — Communication of documents originating from a 
Member State in the institution's possession — Letter of objection sent to the 
institution on behalf of a Member State — Determination of the competence of the 
letter's author — Institution's lack of competence 
(Regulation No 1049/2001 of the European Parliament and of the Council, Art. 4(5)) 
1. It follows from Article 4(5) of Regu­
lation No 1049/2001 regarding public 
access to European Parliament, Coun­
cil and Commission documents that, as 
regards access to documents originat­
ing from third parties in the possession 
of those institutions, a Member State's 
documents are subject to special treat­
ment. That provision confers on each 
Member State the power to request the 
institutions not to disclose documents 
originating from that State without its 
prior agreement. It transposes Declar­
ation No 35 annexed to the final act of 
Amsterdam, by which the principles 
and conditions regarding access to 
documents set out in Article 255 EC 
will allow a Member State to request 
the Commission or the Council not to 
communicate to third parties a docu­
ment originating from that State with­
out its prior agreement. The power 
thus conferred on Member States is 
explained by the fact that it is neither 
the object nor the effect of Regulation 
No 1049/2001 to amend national legis­
lation on access to documents. 
(see paras 40-41) 
2. It is not for the Commission to rule on 
the division of competences by the 
institutional rules proper to each 
Member State. Therefore, where that 
institution is in possession of a docu­
ment originating from a Member State 
and receives a letter of objection in 
accordance with Article 4(5) of Regu­
lation No 1049/2001 regarding public 
access to European Parliament, Coun­
cil and Commission documents to the 
disclosure of that document, it is not 
obliged to determine the competence of 
the author of that letter to raise such an 
objection, but must only verify whether 
the letter in question is, prima facie, 
that of a Member State within the 
meaning of that provision. 
(see paras 46, 48) 
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