CELEX: 62004TJ0161
Language: en
Date: 2011-07-07
Title: Judgment of the General Court (Eighth Chamber) of 7 July 2011.#Gregorio Valero Jordana v European Commission.#Access to documents - Regulation(EC) No 1049/2001- Reserve list for an open competition and individual decisions concerning the appointment of officials - Refusal of access - Exception concerning privacy and the integrity of the individual - Protection of personal data - Regulation (EC) No 45/2001.#Case T-161/04.

Judgment of the General Court (Eighth Chamber) of 7 July 2011 – Valero Jordana v Commission
      (Case T-161/04)
      Access to documents – Regulation (EC) No 1049/2001 – Reserve list for an open competition and individual decisions concerning the appointment of officials – Refusal of access – Exception concerning privacy and the integrity of the individual – Protection of personal data – Regulation (EC) No 45/2001
      1.                     European Union – Institutions – Right of public access to documents – Regulation No 1049/2001 – Exceptions to the right of
            access to documents – Duty to state reasons – Scope (Art. 253 EC; European Parliament and Council Regulation No 1049/2001)
            (see paras 48-49)
      2.                     European Union – Institutions – Right of public access to documents – Regulation No 1049/2001 – Exceptions to the right of
            access to documents – Protection of privacy and the integrity of the individual – Scope – Duty to assess in accordance with
            EU legislation on the protection of personal data (European Parliament and Council Regulations No 45/2001, Arts 1(1) and 2(a)
            and (b), and No 1049/2001, Art. 4(1)(b)) (see paras 87-89, 91, 95-96, 102)
      3.                     Acts of the institutions – Statement of reasons – Obligation – Scope – Reasoning put forward during proceedings not mentioned
            in the contested decision – Not permissible (Art. 253 EC) (see para. 107)
      Re: 
      
         
               APPLICATION for annulment of the decision of the Commission of 10 February 2004 refusing the applicant’s request for access
                  to the reserve list for open competition A7/A6 COM/A/637 and the individual decisions appointing officials in Grade A 6 from
                  5 October 1995.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Annuls the decision of the Commission of the European Communities of 10 February 2004 refusing to give Mr Gregorio Valero
                     Jordana access to the reserve list for open competition A7/A6 COM/A/637 and the individual decisions appointing officials
                     in Grade A 6 from 5 October 1995;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Commission to bear its own costs and to pay Mr Valero Jordana’s costs;
               
            
         
                  3.
               
               
                  
               
               
                  	Orders the Kingdom of Sweden to bear its own costs;
               
            
         
                  4.
               
               
                  
               
               
                  	Orders the European Data Protection Supervisor (EDPS) to bear his own costs;
               
            
         
                  5.
               
               
                  
               
               
                  	Removes the Kingdom of Denmark as an intervener in Case T‑161/04;
               
            
         
                  6.
               
               
                  
               
               
                  	Orders the Kingdom of Denmark to bear its own costs;
               
            
         
                  7.
               
               
                  
               
               
                  	Orders Mr Valero Jordana, the Commission, the Kingdom of Sweden and the EDPS to bear their own costs in regard to the Kingdom
                     of Denmark’s intervention.