Article 54 - Abuse of rights
Key facts of the case:
Appeal – Non-contractual liability – Access to documents – Protection of personal data – Allegedly irregular disclosure of such data – Regulations (EC) No 1049/2001 and No 45/2001 – Admissibility of pleas and offers of evidence before the General Court of the European Union – Allocation of costs.
Outcome of the case:
On those grounds, the Court (Eighth Chamber) hereby:
8) The appellant relies on four grounds in support of her appeal. The first ground of appeal alleges, in essence, an error of law and a manifest error of assessment in the examination of the admissibility of the new plea in law and of the offers of evidence submitted pursuant to Article 85 of the Rules of Procedure of the General Court, and also infringement of the right to be heard, of the right to a fair trial and of the right to effective judicial protection laid down in Article 47 of the Charter of Fundamental Rights of the European Union. The second ground of appeal alleges, in essence, an error of law and a manifest error of assessment of the action for damages in so far as that action was based on an infringement of the provisions of Regulation No 1049/2001. The third ground of appeal alleges, essentially, infringement of Articles 134 and 135 of the Rules of Procedure of the General Court and of the obligation to state reasons. The fourth ground of appeal alleges infringement of Article 66 of those rules of procedure and unlawful composition of the formation of the Court.
17) In the present case, the appellant made an application, by document lodged at the General Court Registry on 11 July 2017, on the basis of Article 84(1) of the Rules of Procedure of the General Court, in order to invoke a ‘new plea in law’. By that plea, the appellant criticised FRA for ‘its alleged complicity [confidential]’, in breach of Article 54 of the Charter of Fundamental Rights, the FEU Treaty and Regulations No 45/2001 and No 1049/2001.