PRESS RELEASE No 10/04
22 January 2004
Judgment of the Court of Justice in Case C-353/01 P
Olli Mattila v Council of the European Union and Commission of the European
Communities
THE COURT SETS ASIDE THE DECISION OF THE COURT OF FIRST INSTANCE AND
THE DECISIONS OF THE COMMISSION AND THE COUNCIL REFUSING MR MATTILA ACCESS TO
CERTAIN DOCUMENTS
The failure by the Community institutions to fulfil their obligation to examine the
possibility of granting the public partial access to documents in their possession leads
to the annulment of their decisions refusing to communicate those documents.
In its judgment of 12 July 2001, the Court of First Instance dismissed
Mr Mattilas action seeking the annulment of those negative decisions. Mr Mattila brought
an appeal against that judgment before the Court of Justice.
First, the Court observes that the Court of First Instance found that the
Council and the Commission did not consider the possibility of granting partial access
to the information which was not covered by the exception. The Court recalls
that the examination of the possibility of partial access constitutes an obligation, under
Community legislation and in accordance with the principle of proportionality, failure to comply
with this obligation leads to the annulment of the decisions refusing to communicate
the documents.
The Court considers that the Court of First Instance wrongly held that the
fact that the institutions could not have allowed partial access, even if they
had carried out such an examination, does not lead to the annulment of
those negative decisions. The Court holds that communicating the reasons for the refusal
to the person concerned for the first time before the Community courts is
not compatible with the procedural guarantees provided by Community law, and with the
right of the person concerned to know the immediate reasons for any decision
adversely affecting him adopted by the Community institutions.
The Court sets aside the judgment of the Court of First Instance and
annuls the negative decisions of the Council and the Commission.
Unofficial document, for media use only, which does not bind the Court of Justice. The full text of the judgment can be found on the internet (www.curia.eu.int ). In principle it will be available from midday CET on the day of delivery. For additional information please contact Christopher Fretwell. Tel: (00352) 4303 3355 Fax: (00352) 4303 2731. Pictures of the hearing are available on "Europe by Satellite" European Commission, Press and Information Service, L-2920 Luxembourg Tel: (00 352) 4301 35177; Fax: (00 352) 4301 35249, or B-1049 Brussels, Tel: (00 32) 2 2964106, Fax: (00 32) 2 2965956, or (00 32) 2 301280 |