Source: EURLEX
Language: en
Format: md

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| 16.11.2020 | EN | Official Journal of the European Union | C 390/35 |

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Judgment of the General Court of 23 September 2020 — Basaglia v Commission

(Case T-727/19) [(1)](#ntr1-C_2020390EN.01003501-E0001)

(Access to documents - Regulation (EC) No 1049/2001 - Documents concerning certain projects in the context of the eTEN programme and of the fifth and sixth framework programmes for research and technological development - Restriction of the request for access - Partial refusal to grant access - Exception relating to the protection of privacy and the integrity of the individual - Exception relating to the protection of the commercial interests of a third party - Overriding public interest - Obligation to carry out a specific and individual examination)

(2020/C 390/50)

Language of the case: Italian

Parties

Applicant: Giorgio Basaglia (Milan, Italy) (represented by: G. Balossi, lawyer)

Defendant: European Commission (represented by: C. Ehrbar and A. Spina, acting as Agents)

Re:

Application under Article 263 TFEU seeking annulment of Commission Decision C(2019) 6474 final of 4 September 2019 concerning a confirmatory application for access to documents pursuant to 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](./../../../legal-content/EN/AUTO/?uri=OJ:L:2001:145:TOC)).

Operative part of the judgment

The Court:

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| 1. | annuls Commission Decision C(2019) 6474 final of 4 September 2019 concerning a confirmatory application for access to documents pursuant to 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, in so far as it includes a restriction of the request for access and in so far as it includes a refusal to grant access based on the first indent of Article 4(2) of that regulation; |

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| 2. | dismisses the action as to the remainder; |

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| 3. | orders Giorgio Basaglia and the European Commission each to bear their own costs. |

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