• Lodge a complaint
  • Request for information
60th Rome Treaty anniversaryYour Europe - The portal to on-line European and national public services

Summary of the decision in case 1723/2017/TE on the Court of Justice of the EU’s alleged failure to reply appropriately to a request for access to documents

Available languages: bg.es.cs.da.de.et.el.en.fr.ga.hr.it.lv.lt.hu.mt.nl.pl.pt.ro.sk.sl.fi.sv
  • Case: 1723/2017/TE
    Opened on 06 Oct 2017 - Decision on 31 Oct 2017
  • Institution(s) concerned: Court of Justice of the European Union

The case concerned the Court of Justice of the EU’s refusal to grant access to correspondence that would have been exchanged between several German authorities and members of the Court concerning a particular case in the period between January and March 2017. The Court considered that all documents exchanged with the German authorities were lodged within the context of the case in question. It refused to reply to the request for review made by the complainant on the grounds that Regulation 1049/2001 does not apply when the Court exercises its judicial functions.

The Ombudsman requested the Court to confirm whether there was any correspondence exchanged in that context that was not part of the case file and, thus, could fall outside the Court’s judicial functions. The Court of Justice confirmed to the Ombudsman that no such correspondence exists.

In the absence of any documents exchanged with the German authorities other than those lodged within Case 638/16 PPU, the Ombudsman finds that the Court of Justice was right to conclude that Regulation 1049/2001 does not apply, and closed the inquiry with a finding of no maladministration.