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Blog by Eljalill Tauschinsky
Recently, the CJEU published a judgment and a corresponding press release which will probably delight many users of the access to documents provisions of the EU – of which me and my fellow academics rank supreme – namely the judgment in Case T-188/12. Yet it does not only contain reason for delight – but also some reason for concern.
In this case a German politician of the Pirate Party (Patrick Breyer) has tried to get access to the documents referring to Austria’s non-implementation of the data retention directive – mainly because he had heard rumours of Austria criticizing the directive in these documents and, being likewise opposed, wanted to see Austria’s arguments. The Commission had refused access arguing that the documents were actually documents of the Court of Justice, to whom the transparency regulation only applies to a very restricted extent.
The Court disagreed, arguing that the documents in […]

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