CASE COMMENT : STATE AID - PUBLIC ACCESS TO DOCUMENTS OF THE INSTITUTIONS - DOCUMENTS ORIGINATING FROM A MEMBER STATE

Access to official documents: The ECJ rules that a Member State cannot oppose, in an entirely discretionary manner and without having to give reasons for its decision, the disclosure of any document held by a Community institution simply because it originates from that State (Sweden)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. ECJ, 18 December 2007, Kingdom of Sweden v Commission, Case C-64/05 P The Court of Justice delivered this very important decision in Grand Chamber on appeal against the judgment of 30 November 2004 (Case T-168/02 [2004] ECR II-4135) in which the Court of First Instance dismissed IFAW's application for annulment of the Commission's decision refusing it access to certain documents received by the Commission in the context of proceedings under the Habitats Directive. The case does not therefore concern a State aid procedure, but the Court's interpretation in this decision of Article 4(5) of Regulation 1049/2001 regarding public access to Parliament, Council

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Jean-Yves Chérot, Access to official documents: The ECJ rules that a Member State cannot oppose, in an entirely discretionary manner and without having to give reasons for its decision, the disclosure of any document held by a Community institution simply because it originates from that State (Sweden), 18 December 2007, Concurrences N° 2-2008, Art. N° 16680, p. 143

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