Information;Order — ECLI:EU:C:2024:43
Date: 2024-01-11
Language of the case: English
Court formation: Vice-President
Subject matter: Provisions governing the Institutions;Acts of the institutions
Procedure: Application to intervene;Action for annulment;Appeal - unfounded

Order of the Vice-President of the Court of 11 January 2024 – BonSens.org v Commission (Case C‑634/23 P(I)) ( Appeal – Intervention – Access to documents – Regulation (EC) No 1049/2001 – Correspondence between the President of the European Commission and the chief executive officer of an undertaking – Refusal to grant access – Action for annulment – Interest in the result of the case – Association party to proceedings before national courts ) 1. Appeal – Grounds – Inadequate statement of reasons – Reliance by the General Court on implied reasoning – Whether permissible – Conditions (Art. 256 TFEU; Statute of the Court of Justice, Arts 36 and 53, first para.) (see paragraphs 14, 15) 2. Judicial proceedings – Intervention – Admissibility criteria – Interest in the result of the case – Burden of proof on the applicant for leave to intervene (Statute of the Court of Justice, Art. 40, second and third paras.; Rules of Procedure of the General Court, Art. 143(2)(f)) (see paragraphs 22-24) 3. Appeal – Grounds – Incorrect assessment of the facts and evidence – Inadmissibility – Review by the Court of Justice of the assessment of the facts and evidence – Possible only where the facts or evidence have been distorted – Requirement that the distortion be obvious from the documents in the file (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paragraphs 30-34) 4. Judicial proceedings – Intervention – Admissibility criteria – Interest in the result of the case – Concept – Need for a direct and existing interest – Dispute concerning the legality of a Commission decision refusing access to messages relating to the acquisition of COVID-19 vaccines – No direct interest of an association which is a party to proceedings before national courts (Statute of the Court of Justice, Art. 40, second para.) (see paragraphs 36-38) Operative part 1. The appeal is dismissed. 2. BonSens.org shall bear its own costs relating to the appeal proceedings and pay those incurred by the European Commission.