Typke v Commission (Judgment) [2017] EUECJ C-491/15 (11 January 2017)

Typke v Commission (Judgment) [2017] EUECJ C-491/15 (11 January 2017)

The Court held that the requested information required the creation of new SQL queries and was not accessible through preprogrammed search tools available to the Commission. Therefore, the request was for the creation of a new document, which falls outside the scope of Regulation (EC) No 1049/2001. The General Court...

Source-derived case information.

Citation
[2017] EUECJ C-491/15
Parties
Appellant: Rainer Typke; Respondent: European Commission
Jurisdiction
European Union
Judgment Date
11 January 2017
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Access to Documents, Public Access to EU Institution Documents, Definition of Existing Document, Electronic Databases, Regulation (ec) No 1049/2001
European Union Law Administrative Law Access to Documents Public Access to EU Institution Documents Definition of Existing Document Electronic Databases Regulation (ec) No 1049/2001

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Summary, issues, holding and outcome

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Parties

Rainer Typke

Appellant

European Commission

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the requested information constituted an 'existing document' under Regulation (EC) No 1049/2001
  2. 2 Whether the Commission was obliged to create a new document to satisfy the access request
  3. 3 Whether the General Court erred in its interpretation of 'existing document' in the context of electronic databases

Ratio Decidendi

The Court held that the requested information required the creation of new SQL queries and was not accessible through preprogrammed search tools available to the Commission. Therefore, the request was for the creation of a new document, which falls outside the scope of Regulation (EC) No 1049/2001. The General Court did not err in its interpretation or application of the law.

Court Disposition

appeal dismissed

Orders

  • Dismisses the appeal
  • Orders Mr Rainer Typke to pay the costs