Type: Opinions of Advocate General

Authority: European Authorities: Euopean Communities' Court of Justice

Date: 07/18/2007

Subject: The Advocate General suggests that the Court set aside the judgment of the Court of First Instance which dismissed the action for the annullment of the Commission’s decision refusing access to certain documents relating to the declassification of a protected site. The appellant puts forward a single plea in law alleging infringement of Community law arising from a disregard of the scope of Article 4(5) of the Regulation regarding public access to European Institutions’ documents. After a complete analysis regarding the right to public access to documents, the Advocate General suggests to the Court a systematic and teleological interpretation of article 4 (5). He maintains that it will be for the institution in possession of the document to rule on the request for access, without being bound by the views of the Member State from which the document originates. But as a right of the Member State, if it so requests according to article 4(5) of Regulation, must be consulted to present the reasons which in its view weigh against disclosure of the document. The Institution has a right to have the last word.

Parties: Regno di Svezia c/ Commissione delle Comunità europee e a.

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

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