Information;Judgment — ECLI:EU:C:2023:345
Date: 2023-04-27
Language of the case: Spanish
Court formation: Sixth Chamber
Subject matter: Provisions governing the Institutions;Access to documents
Procedure: Action for annulment;Appeal - unfounded
Origin: Luxembourg

Judgment of the Court (Sixth Chamber) of 27 April 2023 – Aeris Invest v ECB (Case C‑782/21 P) (1) (Appeal – Access to documents of the EU institutions – Decision 2004/258/EC – Application for access to certain documents concerning the adoption of a resolution scheme for Banco Popular Español, S.A. – Refusal to grant access – Article 47 of the Charter of Fundamental Rights of the European Union) EU institutions – Right of public access to documents – Decision 2004/258 of the European Central Bank (ECB) – Exceptions to the right of access to documents – Overriding public interest justifying the disclosure of documents – Concept – Subjective interest of the person concerned in defending himself – Not included – Infringement of the right to effective judicial protection – None (Charter of Fundamental Rights of the European Union, Arts 47 and 52(1); European Central Bank Decision 2004/258, Arts 2(1) and 4(1) and (2)) (see paragraphs 37-42, 52, 53) Operative part The Court: 1. Dismisses the appeal; 2. Orders Aeris Invest Sàrl to bear its own costs and to pay the costs incurred by the European Central Bank (ECB) and Banco Santander, S.A.; 3. Orders the European Commission to bear its own costs. 1 OJ C 128, 21.3.2022.