Commission v Covington & Burling and Van Vooren (Appeal - Access to documents - Protection of the decision-making process - Refusal to disclose documents relating to the votes of the Member States - Judgment) [2026] EUECJ C-540/23P (05 February 2026)

Commission v Covington & Burling and Van Vooren (Appeal - Access to documents - Protection of the decision-making process - Refusal to disclose documents relating to the votes of the Member States - Judgment) [2026] EUECJ C-540/23P (05 February 2026)

The Court held that the individual votes of Member States in the PAFF Committee constitute 'opinions for internal use as part of deliberations and preliminary consultations' within the meaning of Article 4(3) of Regulation No 1049/2001. However, the legal framework for comitology does not create a general presumption of confidentiality that overrides the right of access to documents under Regulation No 1049/2001. The Commission must provide specific reasons as to how disclosure would seriously undermine its decision-making process, and cannot rely solely on the comitology rules to refuse access.

Citation
[2026] EUECJ C-540/23P
Parties
Appellant/defendant at First Instance: European Commission; Applicant at First Instance/cross Appellant: Covington & Burling LLP; Applicant at First Instance/cross Appellant: Bart Van Vooren; Intervener (in Support of Applicants at First Instance): Kingdom of the Netherlands
Jurisdiction
European Union
Judgment Date
05 February 2026
Procedural Posture
Appeal and Cross Appeal From General Court Judgment (eu) / Judgment on Appeal and Cross Appeal Before the Court of Justice of the European Union
Outcome
Appeal dismissed; cross-appeal dismissed; General Court judgment upheld.
Legal Topics
Access to Documents, Comitology Procedure, Exceptions to Disclosure, Decision Making Process, Confidentiality of Committee Proceedings
European Union Law Administrative Law Transparency Law Access to Documents Comitology Procedure Exceptions to Disclosure Decision Making Process Confidentiality of Committee Proceedings

Case Brief

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Parties

European Commission

Appellant/defendant at First Instance

Covington & Burling LLP

Applicant at First Instance/cross Appellant

Bart Van Vooren

Applicant at First Instance/cross Appellant

Kingdom of the Netherlands

Intervener (in Support of Applicants at First Instance)

Procedural Posture

Appeal and Cross Appeal From General Court Judgment (eu) / Judgment on Appeal and Cross Appeal Before the Court of Justice of the European Union

Legal Issues

  1. 1 Whether individual votes of Member States in comitology procedures are covered by the exception for 'opinions for internal use as part of deliberations and preliminary consultations' under Article 4(3) of Regulation No 1049/2001
  2. 2 Whether the legal framework for comitology precludes access to documents showing individual votes
  3. 3 Whether the Commission can rely on a general presumption of confidentiality for such documents

Ratio Decidendi

The Court held that the individual votes of Member States in the PAFF Committee constitute 'opinions for internal use as part of deliberations and preliminary consultations' within the meaning of Article 4(3) of Regulation No 1049/2001. However, the legal framework for comitology does not create a general presumption of confidentiality that overrides the right of access to documents under Regulation No 1049/2001. The Commission must provide specific reasons as to how disclosure would seriously undermine its decision-making process, and cannot rely solely on the comitology rules to refuse access.

Court Disposition

Appeal dismissed; cross-appeal dismissed; General Court judgment upheld.

Orders

  • The appeal brought by the European Commission is dismissed.
  • The cross-appeal brought by Covington & Burling LLP and Bart Van Vooren is dismissed.