Article 42 - Right of access to documents
Key facts of the case:
Appeal — Access to documents of the institutions — Regulation (EC) No 1049/2001 — Article 4(2), third indent — Exceptions to the right of access — Exception relating to protection of the purpose of investigations — Documents concerning pending infringement proceedings — Detailed opinions issued in the course of a notification procedure under Directive 98/34/EC — Request for access — Refusal — Disclosure of documents requested in the course of the proceedings before the General Court of the European Union — Disclosure — Inadmissibility — Interest in bringing proceedings — Continuation.
Outcome of the case:
On those grounds, the Court (Fifth Chamber) hereby:
57) In the third place, Igpour claims that the General Court did not actually challenge the substance of its assertion that the Commission evaded any judicial review and that that assertion is sufficient to establish that Igpour has an interest in continuing its action. The right of access stems directly from Article 155 TFEU and Article 42 of the Charter of Fundamental Rights of the European Union. Thus, it is of particular importance to ensure effective judicial control of the Commission’s decisions refusing to grant access to documents.