President European Commission

 

 

Dear President,

I have received a complaint against the European Commission concerning a request for public access to text messages exchanged within the so-called ‘Washington Group’ chat. Please find a copy of the complaint enclosed.

Specifically, the complainant requested access[1] to “all text messages exchanged by President Ursula von der Leyen and other leaders since 1 January 2026 within the Washington Group chat”. The existence of the group chat had been mentioned in a media report.[2] The complainant also asked the Commission to preserve the requested text messages and requested a list of the identified documents, regardless of whether access would be granted.

In its initial decision of 5 March 2026, the Commission confirmed that there had been “permanent informal and personal contact with the Heads of State and Government of third countries and the Member States, orally and in writing”. However, the Commission refused access to any such exchanges, considering that disclosure would, among others, undermine the public interest as regards international relations and public security.

On 6 March 2026, the complainant submitted a confirmatory application. He contended that the Commission had not provided sufficient explanations to substantiate its refusal to grant access and had failed to provide a list of the identified documents.

In its confirmatory decision of 20 May 2026, and without taking a position on “whether [the requested exchanges] constitute documents held by the Commission or not”, the Commission refused access on the basis of the exception relating to the protection of the public interest as regards international relations.[3]

On 21 May 2026, dissatisfied with the Commission’s confirmatory decision, the complainant turned to my Office. He argued that the Commission has not carried out an individual assessment of the requested documents and has not assessed the possibility of granting partial access. In his view, the Commission has not sufficiently substantiated any concrete harm to the interests relied on and has not provided any information regarding the existence, possession and retention of the messages.

I have decided to open an inquiry into the Commission’s handling of the complainant’s request under the EU legislation on public access to documents,[4] including the procedural steps taken and its decision to refuse access to the exchanges.

As a first step, I consider it necessary to schedule a meeting between the Commission services and my inquiry team at which this case can be discussed.

I would be grateful if your office could contact Mr Nicholas Hernanz, who is in charge of this inquiry, to agree the arrangements for the meeting to take place between 1 and 17 July 2026.

In addition, I consider it necessary to review the Commission’s file on the complainant’s access request prior to the meeting. The file should include:

(a) any document(s) the Commission identified as falling within the scope of the complainant’s access request;

(b) documents that detail all steps taken by the Commission in dealing with the access request, both at the initial and the confirmatory stages, including exchanges between Commission services and/or Cabinet(s);

(c) information on how the search for the text messages was carried out;

(d) any other information, background, context or additional views that the Commission considers relevant for this case.

I would be grateful if the Commission could provide my Office with the requested documents, preferably in electronic format through encrypted e-mail,[5] prior to the meeting and in any case before 1 July 2026.

Any material or document that the Commission chooses to share with my Office will be treated confidentially. Documents of this kind will be handled and stored in line with this confidential status and will be deleted shortly after the inquiry has ended.

Please note that I have shared this opening letter with the complainant, and will also publish it on my website.

Yours sincerely,

Teresa Anjinho
European Ombudsman

Strasbourg, 19/06/2026

 

[1] Under the EU legislation on public access to documents - Regulation 1049/2001 regarding public access to European Parliament, Council and Commission documents: http://data.europa.eu/eli/reg/2001/1049/oj.

[2] The complainant referred to the following article: https://www.politico.eu/article/donald-trump-greenland-tariff-threats-tensions-push-europe-allies-toward-divorcing-america-transatlantic-power/.

[3] Article 4(1), third indent of Regulation 1049/2001.

[4] See footnote 1.

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