Judgment of the General Court (Eighth Chamber) of 7 July 2011 – Valero Jordana v Commission
(Case T-161/04)
Access to documents – Regulation (EC) No 1049/2001 – Reserve list for an open competition and individual decisions concerning the appointment of officials – Refusal of access – Exception concerning privacy and the integrity of the individual – Protection of personal data – Regulation (EC) No 45/2001
1. European Union – Institutions – Right of public access to documents – Regulation No 1049/2001 – Exceptions to the right of access to documents – Duty to state reasons – Scope (Art. 253 EC; European Parliament and Council Regulation No 1049/2001) (see paras 48-49)
2. 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 – Duty to assess in accordance with EU legislation on the protection of personal data (European Parliament and Council Regulations No 45/2001, Arts 1(1) and 2(a) and (b), and No 1049/2001, Art. 4(1)(b)) (see paras 87-89, 91, 95-96, 102)
3. Acts of the institutions – Statement of reasons – Obligation – Scope – Reasoning put forward during proceedings not mentioned in the contested decision – Not permissible (Art. 253 EC) (see para. 107)
Re:
APPLICATION for annulment of the decision of the Commission of 10 February 2004 refusing the applicant’s request for access to the reserve list for open competition A7/A6 COM/A/637 and the individual decisions appointing officials in Grade A 6 from 5 October 1995.
Operative part
The Court:
1.
Annuls the decision of the Commission of the European Communities of 10 February 2004 refusing to give Mr Gregorio Valero Jordana access to the reserve list for open competition A7/A6 COM/A/637 and the individual decisions appointing officials in Grade A 6 from 5 October 1995;
2.
Orders the Commission to bear its own costs and to pay Mr Valero Jordana’s costs;
3.
Orders the Kingdom of Sweden to bear its own costs;
4.
Orders the European Data Protection Supervisor (EDPS) to bear his own costs;
5.
Removes the Kingdom of Denmark as an intervener in Case T‑161/04;
6.
Orders the Kingdom of Denmark to bear its own costs;
7.
Orders Mr Valero Jordana, the Commission, the Kingdom of Sweden and the EDPS to bear their own costs in regard to the Kingdom of Denmark’s intervention.
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