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European Observer on fundamental right's respect

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Case Law C-64/05 P (18/12/2007)

Type: Judgment

Authority: European Authorities: Euopean Communities' Court of Justice

Date: 12/18/2007

Subject: The Court of Justice annulled the judgment of the Court of First Instance and annulled the decision of the European Commission, ruling that even if the Member State has the possibility of requesting an institution of the EU to not disclose a document originating from that State without its prior agreement, this Member State has not a general and unconditional right of veto. It can oppose the disclosure of documents originating from it only in the cases listed in Article 4 (1) to (3) of Regulation No 1049/2001, stating the reasons. Seen in that way, the prior agreement of the Member State referred to in Article 4(5) resembles not a discretionary right of veto but a form of assent confirming that none of the grounds of exception under Article 4(1) to (3) are present.

Parties: Regno di Svezia

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

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