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European Observer on fundamental right's respect

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Case Law C-139/07 P (29/06/2010)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 06/29/2010

Subject: The Court pointed out that the legislation of the Union is designed to confer on the public as wide a right of access as possible to documents of the institutions, but that that right of access is subject to certain limits based on reasons of public or private interest, including the purposes of inspections and investigations. The Court concluded that refusal of access to documents concerning a procedure for reviewing State aid may be justified by the general presumption that the disclosure of those documents would undermine investigation activities. Therefore the Court of First Instance erred in its interpretation by failing to recognize the existence of this general presumption.

Parties: Commissione c/ Technische Glaswerke Limenau

Classification: Citizens’ rights - Art. 42 Right to access documents of EU institutions

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