Case T-590/23: Action brought on 25 September 2023 — De Capitani v Council
Date: 2023-09-25
Institutions: General Court
Subjects: access to EU information, drafting of EU law, legislative procedure, provision of documents, right to information








C_202300542EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/542


6.11.2023





Action brought on 25 September 2023 — De Capitani v Council
(Case T-590/23)
(C/2023/542)
Language of the case: English

Parties


Applicant: Emilio De Capitani (Brussels, Belgium) (represented by: O. Brouwer, T. van Helfteren and N. Piga, lawyers)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:






—


annul the defendant’s decision to refuse access to certain documents requested pursuant to Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001, (1) as communicated by registered letter dated 14 July 2023, with reference SGS 23/002579, including the annex thereto containing the substance of the response (‘the contested decision’);










—


annul the implicit or continued explicit decision not to directly publish legislative documents to which access has been granted following a request for access under aforementioned Regulation 1049/2001 in the Council’s own register, in compliance with Articles 2 and 12 of that Regulation (and the principle of legislative transparency laid down in Article 15(2) TFEU);










—


order the Council to pay the applicant’s costs, pursuant to Article 134 of the Rules of Procedure of the General Court, including the costs relating to any intervening parties.





Pleas in law and main arguments

In support of the action, the applicant relies on four pleas in law.






1.


First plea in law, alleging error of law in the interpretation and application of Article 4(3) of Regulation 1049/2001, first paragraph, notably because the interpretation and application of this exception in the contested decision violates the obligation of legislative transparency set out in Article 15(2) TFEU.










2.


Second plea in law, alleging, in subsidiary order, error of law in not finding an overriding public interest in disclosure.










3.


Third plea in law, alleging, in further subsidiary order, errors of law and manifest error of assessment resulting in the misapplication of the obligation to provide partial access to the requested documents (Article 4(6) of Regulation 1049/2001) and failure to state reasons.










4.


Fourth plea in law, alleging error of law and violation of Articles 2 and 12 of Regulation 1049/2001 (and the principle of legislative transparency laid down in Article 15(2) TFEU), by deciding implicitly in the contested decision and/or in an explicit and continued fashion, not to publish directly in its own register the legislative documents disclosed upon request of a citizen.






(1)  Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001 L 145, p. 43).


ELI: http://data.europa.eu/eli/C/2023/542/oj
ISSN 1977-091X (electronic edition)