Judgment of the General Court (Seventh Chamber) of 29 November 2012 — Thesing and Bloomberg Finance v BCE

(Case T-590/10)

‛Access to documents — Decision 2004/258/EC — Documents concerning the government debt and government deficit of a Member State — Refusal of access — Exception relating to the economic policy of the Union or of a Member State — Partial refusal of access’

1. Actions for annulment — Community law — Interest in bringing proceedings — Bringing of a single action by two applicants — Admissibility of the action of one of the applicants — No need to examine the admissibility of the action in relation to the second applicant (Art. 263 TFEU) (see para. 19)

2. Actions for annulment — Jurisdiction of the EU judicature — Unlimited jurisdiction — Directions issued to an institution — Not permissible (Art. 263 TFEU) (see para. 21)

3. Proceedings — Introduction of new pleas during the proceedings — Conditions — Amplification of an existing plea — Lawfulness (Rules of Procedure of the General Court, Art. 48(2)) (see paras 24-26)

4. Proceedings — Application initiating proceedings — Formal requirements — Brief summary of the pleas in law on which the application is based — Argument concerning the granting of partial access to documents of the European Central Bank — Argument submitted for the first time in the reply — Inadmissible (Rules of Procedure of the General Court, Art. 44(1)(c)); Decision of the European Central Bank 2004/258, Art. 4(1) to (3) and (5)) (see paras 29-34)

5. EU institutions — Right of public access to documents — Decision 2004/258 of the European Central Bank — Exceptions to the right of access to documents — Decision refusing access — Obligation to state reasons — Scope (Decision of the European Central Bank 2004/258, Art. 4(1)) (see paras 40-42)

6. EU institutions — Right of public access to documents — Decision 2004/258 of the European Central Bank — Exceptions to the right of access to documents — Protection of the public interest — Margin of discretion of the European Central Bank — Judicial review — Scope — Limits (Decision of the European Central Bank 2004/258, Art. 4(1)(a)) (see paras 43, 44)

7. EU institutions — Right of public access to documents — Decision 2004/258 of the European Central Bank — Exceptions to the right of access to documents — Protection of the public interest — Mandatory nature — Balancing with a higher public interest — None (Decision of the European Central Bank 2004/258, Art. 4(1)(a)) (see para. 45)

8. EU institutions — Right of public access to documents — Decision 2004/258 of the European Central Bank — Exceptions to the right of access to documents — Protection of the public interest — Financial, monetary or economic policy of the Union or Member State — Refusal of access to documents relating to the public debt and deficit of the Hellenic Republic — Lawfulness — No infringement of the right to freedom of expression (Decision of the European Central Bank 2004/258, Art. 4(1)(a)) (see paras 55-65, 73-75, 80)

9. Fundamental rights — Freedom of expression — Enshrined by Articles 11 of the Charter of Fundamental Rights of the European Union, and 10 of the European Convention on the Protection of Human Rights — Identical meaning and scope (Charter of Fundamental Rights of the European Union, Art. 11) (see paras 71, 72)

Re:

APPLICATION for annulment of the decision of the ECB’s Executive Board, which was notified to Ms Thesing by letter of the President of the ECB of 21 October 2010, rejecting an application by Ms Thesing for access to two documents concerning the government deficit and debt of the Hellenic Republic.

Operative part

The Court:

1. Dismisses the action;

2. Orders Ms Gabi Thesing and Bloomberg Finance LP to bear their own costs and to pay those incurred by the European Central Bank (ECB).

Judgment of the General Court (Seventh Chamber) of 29 November 2012 — Thesing and Bloomberg Finance v BCE

(Case T-590/10)

‛Access to documents — Decision 2004/258/EC — Documents concerning the government debt and government deficit of a Member State — Refusal of access — Exception relating to the economic policy of the Union or of a Member State — Partial refusal of access’

1. Actions for annulment — Community law — Interest in bringing proceedings — Bringing of a single action by two applicants — Admissibility of the action of one of the applicants — No need to examine the admissibility of the action in relation to the second applicant (Art. 263 TFEU) (see para. 19)

2. Actions for annulment — Jurisdiction of the EU judicature — Unlimited jurisdiction — Directions issued to an institution — Not permissible (Art. 263 TFEU) (see para. 21)

3. Proceedings — Introduction of new pleas during the proceedings — Conditions — Amplification of an existing plea — Lawfulness (Rules of Procedure of the General Court, Art. 48(2)) (see paras 24-26)

4. Proceedings — Application initiating proceedings — Formal requirements — Brief summary of the pleas in law on which the application is based — Argument concerning the granting of partial access to documents of the European Central Bank — Argument submitted for the first time in the reply — Inadmissible (Rules of Procedure of the General Court, Art. 44(1)(c)); Decision of the European Central Bank 2004/258, Art. 4(1) to (3) and (5)) (see paras 29-34)

5. EU institutions — Right of public access to documents — Decision 2004/258 of the European Central Bank — Exceptions to the right of access to documents — Decision refusing access — Obligation to state reasons — Scope (Decision of the European Central Bank 2004/258, Art. 4(1)) (see paras 40-42)

6. EU institutions — Right of public access to documents — Decision 2004/258 of the European Central Bank — Exceptions to the right of access to documents — Protection of the public interest — Margin of discretion of the European Central Bank — Judicial review — Scope — Limits (Decision of the European Central Bank 2004/258, Art. 4(1)(a)) (see paras 43, 44)

7. EU institutions — Right of public access to documents — Decision 2004/258 of the European Central Bank — Exceptions to the right of access to documents — Protection of the public interest — Mandatory nature — Balancing with a higher public interest — None (Decision of the European Central Bank 2004/258, Art. 4(1)(a)) (see para. 45)

8. EU institutions — Right of public access to documents — Decision 2004/258 of the European Central Bank — Exceptions to the right of access to documents — Protection of the public interest — Financial, monetary or economic policy of the Union or Member State — Refusal of access to documents relating to the public debt and deficit of the Hellenic Republic — Lawfulness — No infringement of the right to freedom of expression (Decision of the European Central Bank 2004/258, Art. 4(1)(a)) (see paras 55-65, 73-75, 80)

9. Fundamental rights — Freedom of expression — Enshrined by Articles 11 of the Charter of Fundamental Rights of the European Union, and 10 of the European Convention on the Protection of Human Rights — Identical meaning and scope (Charter of Fundamental Rights of the European Union, Art. 11) (see paras 71, 72)

Re:

APPLICATION for annulment of the decision of the ECB’s Executive Board, which was notified to Ms Thesing by letter of the President of the ECB of 21 October 2010, rejecting an application by Ms Thesing for access to two documents concerning the government deficit and debt of the Hellenic Republic.

Operative part

The Court:

1. Dismisses the action;