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Case Law T-36/04 (12/09/2007)

Type: Judgment

Authority: European Authorities: Court of first instance of the European Communities

Date: 09/12/2007

Subject: The Court of first instance clarified the rules relating to access to the documents of the institutions concerning cases pending before the Community Courts. The Court recognised that it is in the interests of the proper course of justice that public access to pleadings of the institutions is refused so long as their content has not been debated before the court. On the other hand, if those pleadings concern a case which has been closed by a judgment of the Court of First Instance, access must be recognised. Finally, concerning the judgment finding the infringement against the Member States, the Court found that refusal of access cannot be justified by the fact that the Member State concerned has not yet complied with this judgment.

Parties: Association de la presse internationale ASBL c/ Commissione

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

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