Dehousse v Court of Justice of the European Union (Judgment) French Text [2019] EUECJ T-433/17 (20 September 2019)

Dehousse v Court of Justice of the European Union (Judgment) French Text [2019] EUECJ T-433/17 (20 September 2019)

The Court held that the presumption of non-existence or non-possession of the requested documents was rebutted by evidence of a high-level meeting and the institutional obligation to preserve records of such events. The Court of Justice of the European Union failed to provide a plausible explanation for the absence...

Source-derived case information.

Citation
[2019] EUECJ T-433/17
Parties
Applicant: Franklin Dehousse; Respondent: Court of Justice of the European Union
Jurisdiction
European Union
Procedural Posture
Action for Annulment and Damages / Final Judgment
Outcome
Partial annulment of the contested decision; remainder of claims dismissed.
Legal Topics
Access to Documents, Transparency, Good Administration, Non Contractual Liability, Judicial Review
European Union Law Administrative Law Access to Documents Transparency Good Administration Non Contractual Liability Judicial Review

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Parties

Franklin Dehousse

Applicant

Court of Justice of the European Union

Respondent

Procedural Posture

Action for Annulment and Damages / Final Judgment

  1. 1 Whether the refusal to grant access to certain administrative documents by the Court of Justice of the European Union was lawful under EU transparency rules
  2. 2 Whether the Court fulfilled its obligations of good administration and document preservation
  3. 3 Whether the applicant is entitled to damages for non-material harm

Ratio Decidendi

The Court held that the presumption of non-existence or non-possession of the requested documents was rebutted by evidence of a high-level meeting and the institutional obligation to preserve records of such events. The Court of Justice of the European Union failed to provide a plausible explanation for the absence of the documents, thereby violating the applicant's right of access. However, the refusal to provide an inventory was lawful as no such document existed and there was no obligation to create one.

Court Disposition

Partial annulment of the contested decision; remainder of claims dismissed.

Orders

  • The decision of 18 May 2017 is annulled in so far as it refused access to exchanges between the former President of the Court of Justice of the European Union or his head of cabinet and German public authorities, solely on the ground that the documents could not be found.
  • The remainder of the application is dismissed.