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EU: Court of First Instance decides governments can veto access to documents

01 December 2004

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The EU's Court of First Instance has decided that governments can veto access to documents originating from them and submitted to an EU institution (in this case the European Commission). Interestingly the applicant was supported by the Netherlands, Sweden and Denmark, while the Commission - in its refusal to give access - was supported by the UK. The Court's judgement said: "the Commission was not required to explain why the Federal Republic of Germany had made a request under Article 4(5) of the Regulation, since there is no obligation on the Member States to state the reasons for such a request under that provision". Case: T-168/02, 30.11.04: Judgement (link)

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