Ms Ursula von der Leyen President European Commission

 

Dear President,

I have received a complaint against the European Commission. The complaint concerns the Commission’s refusal to give public access to a document related to its interpretation of Article 5(2) of the Digital Markets Act[1] (DMA).

More specifically, the Commission refused to disclose one document containing the minutes of meetings that it held with a gatekeeper, Meta, in the context of its investigation into Meta’s compliance with its obligations under the DMA. In refusing access, the Commission relied on a general presumption of non-disclosure, arguing that disclosing the document to the public would undermine the purpose of its investigation[2], which, it said, was still ongoing.

The complainant considers it generally unreasonable for the Commission to apply a general presumption of non-disclosure to documents related to the DMA. In addition, the complainant is of the view that there is an overriding public interest in disclosure of the document at issue, namely in ensuring the uniform application of EU law, accountability and public scrutiny.

I have decided to open an inquiry into the complaint against the Commission’s decision to refuse access under Regulation 1049/2001.

Regulation 1049/2001 states that applications for access should be handled promptly. It is in line with this principle that the Ombudsman also seeks to deal with cases such as this as quickly as possible.

As a first step, I consider it necessary to review the document at issue in the complaint. I would be grateful if the Commission could provide a copy of that document, preferably in electronic format through encrypted e-mail,[3] by 5 September 2025.

The document subject to the public access request will be treated confidentially, along with any other material the Commission chooses to share with the Ombudsman that it marks confidential. Documents of this kind will be handled and stored in line with this confidential status and will be deleted from the Ombudsman’s files shortly after the inquiry has ended.

The Commission’s position has been set out in its confirmatory response dated 31 July 2025. However, should the Commission wish to provide additional views, to be taken into account during this inquiry, I would be grateful if they could be provided to my Office within fifteen working days from the receipt of this letter, that is, by 19 September 2025.

The inquiries officer responsible for the case is Ms Michaela Gehring.

Yours sincerely,

Teresa Anjinho
European Ombudsman

Strasbourg, 29/08/2025

 

[1] Regulation 2022/1925 on contestable and fair markets in the digital sector: http://data.europa.eu/eli/reg/2022/1925/oj.

[2] In accordance with Article 4(2), third indent of Regulation 1049/2001 regarding public access to European Parliament, Council and Commission documents: http://data.europa.eu/eli/reg/2001/1049/oj.

[3] Encrypted emails can be sent to our dedicated mailbox.