Order of the General Court (Third Chamber) of 2 September 2014 —

Verein Natura Havel and Vierhaus v Commission

(Case T‑538/13)

‛Access to documents — Regulation (EC) No 1049/2001 — Letter of formal notice sent in the context of ongoing infringement proceedings concerning the compliance with EU law of German aviation law — Refusal of access — Exception relating to the protection of the purpose of inspections, investigations and audits — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law’

1. Judicial proceedings — Decision taken by way of reasoned order — Conditions — Appeal manifestly inadmissible or manifestly lacking any legal basis (Rules of Procedure of the General Court, Art. 111) (see paras 23, 24)

2. Actions for annulment — Actionable measures — Concept — Measures producing binding legal effects — Preparatory measures — Not included — Position originally adopted in the procedure for access for the public to Commission documents — Preparatory act (Art. 263 TFEU; European Parliament and Council Regulation No 1049/2001) (see paras 29, 30)

3. EU institutions — Right of public access to documents — Regulation No 1049/2001 — Exceptions to the right of access to documents — Obligation to state reasons — Scope (Art. 296 TFEU; European Parliament and Council Regulation No 1049/2001) (see paras 36, 37)

4. EU institutions — Right of public access to documents — Regulation No 1049/2001 — Exceptions to the right of access to documents — Protection of the objectives of inspection, investigation and audit activities — Application to documents relating to current proceedings for failure to fulfil obligations (European Parliament and Council Regulation No 1049/2001, Art. 4(2), third indent) (see paras 48, 49)

5. 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 — Exclusion of the obligation — Conditions — Whether possible to base reasoning on general presumptions applying to certain categories of documents — Limits (European Parliament and Council Regulation No 1049/2001, Art. 4) (see paras 50, 52, 53)

6. EU institutions — Right of public access to documents — Regulation No 1049/2001 — Exceptions to the right of access to documents — Protection of the objectives of inspection, investigation and audit activities — Application to documents relating to current proceedings for failure to fulfil obligations — General presumption that the exception applies to the right of access to all the documents on the administrative file — Lawfulness — Limits (European Parliament and Council Regulation No 1049/2001, Art. 4(2), third indent) (see paras 54, 55, 57, 59, 61-63, 65, 67)

7. Judicial proceedings — Application initiating proceedings — Formal requirements — Brief summary of the pleas in law on which the application is based — Absence — Inadmissibility (Statute of the Court of Justice, Arts 21, first para., and 53, first para.; Rules of Procedure of the General Court, Art. 44(1)(c)) (see para. 75)

8. Fundamental rights — Freedom of expression — Laid down in Article 11 of the Charter of Fundamental Rights of the European Union and Article 10 of the European Convention on Human Rights — Identical meaning and scope (Charter of Fundamental Rights of the European Union, Arts 11 and 52(1)) (see para. 77)

Re:

ACTION for annulment of the Commission’s decision of 24 June 2013 rejecting the initial request for access to a letter of formal notice sent to the Federal Republic of Germany under Article 258 TFEU and of the Commission’s decision of 3 September 2013 rejecting the confirmatory application for access to that letter.

Operative part

1. The action is dismissed.

2. Verein Natura Havel eV and Hans-Peter Vierhaus are ordered to pay the costs.

Order of the General Court (Third Chamber) of 2 September 2014 —

Verein Natura Havel and Vierhaus v Commission

(Case T‑538/13)

‛Access to documents — Regulation (EC) No 1049/2001 — Letter of formal notice sent in the context of ongoing infringement proceedings concerning the compliance with EU law of German aviation law — Refusal of access — Exception relating to the protection of the purpose of inspections, investigations and audits — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law’

1. Judicial proceedings — Decision taken by way of reasoned order — Conditions — Appeal manifestly inadmissible or manifestly lacking any legal basis (Rules of Procedure of the General Court, Art. 111) (see paras 23, 24)

2. Actions for annulment — Actionable measures — Concept — Measures producing binding legal effects — Preparatory measures — Not included — Position originally adopted in the procedure for access for the public to Commission documents — Preparatory act (Art. 263 TFEU; European Parliament and Council Regulation No 1049/2001) (see paras 29, 30)

3. EU institutions — Right of public access to documents — Regulation No 1049/2001 — Exceptions to the right of access to documents — Obligation to state reasons — Scope (Art. 296 TFEU; European Parliament and Council Regulation No 1049/2001) (see paras 36, 37)

4. EU institutions — Right of public access to documents — Regulation No 1049/2001 — Exceptions to the right of access to documents — Protection of the objectives of inspection, investigation and audit activities — Application to documents relating to current proceedings for failure to fulfil obligations (European Parliament and Council Regulation No 1049/2001, Art. 4(2), third indent) (see paras 48, 49)

5. 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 — Exclusion of the obligation — Conditions — Whether possible to base reasoning on general presumptions applying to certain categories of documents — Limits (European Parliament and Council Regulation No 1049/2001, Art. 4) (see paras 50, 52, 53)

6. EU institutions — Right of public access to documents — Regulation No 1049/2001 — Exceptions to the right of access to documents — Protection of the objectives of inspection, investigation and audit activities — Application to documents relating to current proceedings for failure to fulfil obligations — General presumption that the exception applies to the right of access to all the documents on the administrative file — Lawfulness — Limits (European Parliament and Council Regulation No 1049/2001, Art. 4(2), third indent) (see paras 54, 55, 57, 59, 61-63, 65, 67)

7. Judicial proceedings — Application initiating proceedings — Formal requirements — Brief summary of the pleas in law on which the application is based — Absence — Inadmissibility (Statute of the Court of Justice, Arts 21, first para., and 53, first para.; Rules of Procedure of the General Court, Art. 44(1)(c)) (see para. 75)

8. Fundamental rights — Freedom of expression — Laid down in Article 11 of the Charter of Fundamental Rights of the European Union and Article 10 of the European Convention on Human Rights — Identical meaning and scope (Charter of Fundamental Rights of the European Union, Arts 11 and 52(1)) (see para. 77)

Re:

ACTION for annulment of the Commission’s decision of 24 June 2013 rejecting the initial request for access to a letter of formal notice sent to the Federal Republic of Germany under Article 258 TFEU and of the Commission’s decision of 3 September 2013 rejecting the confirmatory application for access to that letter.

Operative part

1. The action is dismissed.