Judgment of the Court of 7 November 1985. - Stanley George Adams v Commission of the European Communities. - Non-contractual liability - Protection of the confidentiality of information - Period of limitation. - Case 145/83.
European Court reports 1985 Page 03539
Spanish special edition Page 01161
Swedish special edition Page 00327
Finnish special edition Page 00341
Summary
Parties
Subject of the case
Grounds
Decision on costs
Operative part
Keywords
1 . EUROPEAN COMMUNITIES - INSTITUTIONS - OBLIGATIONS - DUTY OF CONFIDENTIALITY - SCOPE - INFORMATION SUPPLIED BY A PRIVATE INDIVIDUAL - DUTY TO PROTECT THE INFORMANT ' S ANONYMITY - CONDITIONS
( EEC TREATY , ART . 214 )
2 . ACTION FOR DAMAGES - EXPIRY OF THE LIMITATION PERIOD - ITS VALIDITY AS A DEFENCE - LIMITS
( EEC TREATY , ARTS . 178 AND 215 , SECOND PARA .; PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EEC , ART . 43 )
Summary
1 . ARTICLE 214 OF THE EEC TREATY REQUIRES MEMBERS AND SERVANTS OF THE INSTITUTIONS OF THE COMMUNITY ' NOT TO DISCLOSE INFORMATION OF THE KIND COVERED BY THE OBLIGATION OF PROFESSIONAL SECRECY , IN PARTICULAR INFORMATION ABOUT UNDERTAKINGS , THEIR BUSINESS RELATIONS OR THEIR COST COMPONENTS . ' ALTHOUGH THAT PROVISION PRIMARILY REFERS TO INFORMATION GATHERED FROM UNDERTAKINGS , THE EXPRESSION ' IN PARTICULAR ' SHOWS THAT THE PRINCIPLE IN QUESTION IS A GENERAL ONE WHICH APPLIES ALSO TO INFORMATION SUPPLIED BY NATURAL PERSONS , IF THAT INFORMATION IS ' OF THE KIND ' THAT IS CONFIDENTIAL . THAT IS PARTICULARLY SO IN THE CASE OF INFORMATION SUPPLIED ON A PURELY VOLUNTARY BASIS BUT ACCOMPANIED BY A REQUEST FOR CONFIDENTIALITY IN ORDER TO PROTECT THE INFORMANT ' S ANONYMITY . AN INSTITUTION WHICH ACCEPTS SUCH INFORMATION IS BOUND TO COMPLY WITH SUCH A CONDITION .
2 . ARTICLE 43 OF THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EEC , ACCORDING TO WHICH ' PROCEEDINGS AGAINST THE COMMUNITY IN MATTERS ARISING FROM NON-CONTRACTUAL LIABILITY SHALL BE BARRED AFTER A PERIOD OF FIVE YEARS FROM THE OCCURRENCE OF THE EVENT GIVING RISE THERETO ' , MUST BE INTERPRETED AS MEANING THAT THE EXPIRY OF THE LIMITATION PERIOD CANNOT CONSTITUTE A VALID DEFENCE TO A CLAIM BY A PERSON WHO HAS SUFFERED DAMAGE WHERE THAT PERSON ONLY BELATEDLY BECAME AWARE OF THE EVENT GIVING RISE TO IT AND THUS COULD NOT HAVE HAD A REASONABLE TIME IN WHICH TO SUBMIT HIS APPLICATION TO THE COURT OR TO THE RELEVANT INSTITUTION BEFORE THE EXPIRY OF THE LIMITATION PERIOD .
Parties
IN CASE 145/83
STANLEY GEORGE ADAMS , REPRESENTED BY D . VAUGHAN QC AND C . PROUT , OF THE MIDDLE TEMPLE , BARRISTER , INSTRUCTED BY MESSRS DENTON HALL AND BURGIN , SOLICITORS , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF P . BERNA , 16 A BOULEVARD DE LA FOIRE ,
APPLICANT ,
V
COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY N