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EU: Regulation on public access to EU documents: Council of the European Union to appeal the Access Info Europe judgment

01 May 2011

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EU: Regulation on public access to EU documents: Council of the European Union to appeal the Access Info Europe judgment: The Foreign Affairs Council agreed to the appeal being lodged at its meeting on 13 May ("A" Point - adopted without debate), see: EU doc no: 9491/11 (pdf).

Background: Major victory for openness: The General Court of the ECJ has found in favour of the NGO Access Info Europe for access to a Council document containing the position of Member States concerning amendments to the EU Regulation on public access to documents: Full-text of ECJ judgment (pdf). When Access Info Europe applied for the document the names of the Member States putting forward amendments, the ECJ overturned the Council decision to refuse access to the full contents of the document under Article 4.3 of the Regulation on the grounds that it would "seriously undermine the institution's decision-making process". See: The case for the repeal of Article 4.3

The document in question concerned discussions within the Council on amending the Regulation on public access to EU documents - the document dated 26 November 2008 was put online by Statewatch on 5 December 2008: EU doc no: 16338/08 (pdf). Much of the ECJ's judgment concerns the alleged effect of Statewatch's disclosure of the full text of the document on the Council's decision-making procedures.

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