Information;Order — ECLI:EU:C:2022:407
Date: 2022-05-19
Language of the case: German
Court formation: Tenth Chamber
Subject matter: Provisions governing the Institutions;Access to documents
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible
Origin: Germany

Order of the Court (Tenth Chamber) of 19 May 2022 – TUIfly v Commission (Case C‑764/21 P) (Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Access to documents – Documents relating to a procedure for reviewing State aid – Regulation (EC) No 1049/2001 – Article 4(2), in fine – Exceptions to the right of access – Overriding public interest – Concept – Principle of sound administration – Article 41(2)(b) of the Charter of Fundamental Rights of the European Union – Rights of the defence – Specific aims of the procedure for reviewing State aid – Refusal to grant access – Appeal in part manifestly inadmissible and in part manifestly unfounded ) 1. State aid – Administrative procedure – Rights of the defence – Whether applicable to administrative procedures initiated by the Commission – Examination of an unlawful aid measure – Rights benefiting only Member States to the exclusion of interested parties (Art. 108(2) TFEU; Charter of Fundamental Rights of the European Union, Art. 41(2)(b)) (see paras 6-8) 2. EU institutions – Right of public access to documents – Regulation No 1049/2001 – Exceptions to the right of access to documents – Overriding public interest justifying the disclosure of documents – Concept – Pursuit of an action for annulment – Precluded (European Parliament and Council Regulation No 1049/2001, Art. 4(2)) (see paras 11, 12) Operative part 1. The appeal is dismissed as being, in part, manifestly inadmissible and, in part, manifestly unfounded. 2. TUIfly GmbH shall bear its own costs.