CJEU Case T-163/21 / Judgement

Emilio De Capitani v Council of the European Union
Deciding body type
Court of Justice of the European Union
Deciding body
General Court (Tenth Chamber, Extended Composition)
Type
Decision
Decision date
25/01/2023
ECLI (European case law identifier)
ECLI:EU:T:2023:15
  • CJEU Case T-163/21 / Judgement

    Key facts of the case:

    Access to documents – Regulation (EC) No 1049/2001 – Documents concerning an ongoing legislative procedure – Council working groups – Documents concerning a legislative proposal to amend Directive 2013/34/EU on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings – Partial refusal to grant access – Action for annulment – Interest in bringing proceedings – Admissibility – First subparagraph of Article 4(3) of Regulation No 1049/2001 – Exception relating to the protection of the decision-making process

    Outcome of the case:

    On those grounds, THE GENERAL COURT (Tenth Chamber, Extended Composition) hereby:

    1. Annuls Decision SGS 21/000067 of the Council of the European Union of 14 January 2021;

    2. Orders the Council to bear its own costs and to pay those incurred by Mr Emilio De Capitani;

    3. Orders the Kingdom of Belgium, the Kingdom of the Netherlands, the Republic of Finland and the Kingdom of Sweden to bear their own costs.