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2012-5 E.C.R. 1 (2012)

handle is hein.intyb/rrjucfis0148 and id is 1 raw text is: ZCVRLA Reports of Cases Case T-529/09 Sophie in 't Veld V Council of the European Union (Access to documents - Regulation (EC) No 1049/2001 - Opinion of the Council's Legal Service on a recommendation from the Commission to authorise the opening of negotiations for an international agreement - Partial refusal to grant access - Exception relating to the protection of the public interest in the field of international relations - Exception relating to the protection of legal advice - Specific and foreseeable threat to the interest in question - Overriding public interest) Summary of the Judgment 1. European Union No 1049/2001 - Requirement that Scope - Institutions - Right of public access to documents - Regulation Exceptions to the right of access to documents - Refusal to grant access - the institution should examine the documents specifically and individually - (European Parliament and Council Regulation No 1049/2001, Art. 4) 2. European Union No 1049/2001 - interest - Judicial - Institutions - Right of public access to documents - Regulation Exceptions to the right of access to documents - Protection of the public review - Scope - Limits (European Parliament and Council Regulation No 1049/2001, Art. 4(1)(a)) 3. European Union - Institutions - Right of public access to documents - Regulation No 1049/2001 - Exceptions to the right of access to documents - Protection of the public interest - Scope - Opinion of the Council's Legal Service regarding the legal basis of a decision authorising the opening of negotiations for concluding an international agreement - Included (European Parliament and Council Regulation No 1049/2001, Art. 4(1)(a), third indent) 4. Acts of the institutions - Choice of legal basis - Choice must rest on objective factors which are amenable to judicial review (Art. 5 TEU) 5. European Union - Institutions - Right of public access to documents - Regulation No 1049/2001 - Exceptions to the right of access to documents - Protection of the public interest - Disclosure of a legal opinion on the opening of negotiations for concluding an international agreement - Risk of a threat to a protected public interest arising from the disclosure of the existence of doubts regarding the choice of the legal basis - Absence (Art. 218(11) TFEU; European Parliament and Council Regulation No 1049/2001, Art. 4(1)(a), third indent) ECLJ:EU:T:2012:2151 1

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