EU General Court: Judgment in Case T-163/21 De Capitani v Council

Wednesday 25th January 2023

EU General Court: Judgment in Case T-163/21 De Capitani v Council

(Access to Documents)

Mr De Capitani had applied for access to certain documents relating to a legislative procedure on annual financial statements. However, the Council had refused access to certain documents on the grounds that their disclosure would seriously undermine the Council’s decision-making process. Following this, the Council confirmed its refusal to grant access with a decision of 14 January 2021.

The applicant then filed an action for annulment of this decision before the General Court. The legal issue at stake concerns the relationship between on the one hand, the need to protect the decision-making process of an institution and, on the other hand, the right of access to documents enshrined in the TFEU and the Charter of Fundamental Rights of the European Union.

Background Documents T-163/21