CELEX: 62019TA0727
Language: en
Date: 2020-09-23 00:00:00
Title: Case T-727/19: Judgment of the General Court of 23 September 2020 — Basaglia v Commission (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)

16.11.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 390/35
            
         
      Judgment of the General Court of 23 September 2020 — Basaglia v Commission
      (Case T-727/19) (1)
      
      (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).
      
         Operative part of the judgment
      
      The Court:
      
                  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;
               
            
                  2.
               
               
                  dismisses the action as to the remainder;
               
            
                  3.
               
               
                  orders Giorgio Basaglia and the European Commission each to bear their own costs.
               
            
         (1)  OJ C 432, 23.12.2019.