CELEX: 62009TJ0082
Language: en
Date: 2011-11-23
Title: Judgment of the General Court (Second Chamber) of 23 November 2011.#Gert-Jan Dennekamp v European Parliament.#Access to documents - Regulation (EC) No 1049/2001 - Documents relating to the affiliation of certain Members of the European Parliament to the additional pension scheme - Refusal to grant access - Exception relating to the protection of privacy and the integrity of the individual - Article 8(b) of Regulation (EC) No 45/2001 - Transfer of personal data.#Case T-82/09.

Judgment of the General Court (Second Chamber) of 23 November 2011 – Dennekamp v Parliament
      (Case T-82/09)
      Access to documents – Regulation (EC) No 1049/2001 – Documents relating to the affiliation of certain Members of the European Parliament to the additional pension scheme – Refusal to grant access – Exception relating to the protection of privacy and the integrity of the individual – Article 8(b) of Regulation (EC) No 45/2001 – Transfer of personal data
      1.                     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 – Obligation to assess in conformity
            with EU legislation on the protection of personal data – Full applicability of the provisions of Regulation No 45/2001 for
            any request for access to documents containing personal data (European Parliament and Council Regulations No 45/2001, Art.
            8, and No 1049/2001, Art. 4(1)(b)) (see paras 21-26, 38-40) 
      2.                     Approximation of laws – Protection of physical persons in relation to processing of personal data – Processing of those data
            by institutions and bodies of the Union – Request for access to documents mentioning the names of Members of the European
            Parliament affiliated to the additional pension scheme – Personal data – Request for access to those documents pursuant to
            Regulation No 1049/2001 – Obligation to establish the need for transfer of those data (European Parliament and Council Regulations
            No 45/2001, Arts 2(a), 5(b) and 8(b), and No 1049/2001, Art. 4(1)(b)) (see paras 27-30)
      Re: 
      
         
               APPLICATION for annulment of Decision A(2008) 22050 of the European Parliament of 17 December 2008 refusing to grant the applicant
                  access to certain documents relating to the affiliation of certain Members of the European Parliament to the additional pension
                  scheme.
               
            Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Mr Gert-Jan Dennekamp to bear his own costs and to pay the costs incurred by the European Parliament;
               
            
         
                  3.
               
               
                  
               
               
                  	Orders the Kingdom of Denmark, the Republic of Finland and the European Data Protection Supervisor (EDPS) to bear their own
                     costs.