Hi all,
I requested the Commission to disclose the reply of the British Government from 24.07.2012. I beleive there is nothing wrong with posting the entire reply from the Commission since there is nothing confidential there.
I want to use the chance and appeal against their refusal.
Please I need your help. I need all kind of ideas on how to motivate my appeal. I Have 2 weeks time from now.
From the answer below I deduce that the Commission has not initiated any further step in the infringement process since April 2012. With this speed of action the story will last for another decade.
I refer to your e-mail of 21 November 2012 applying for access to documents which has
been registered under reference Gestdem 2012/5516.
In your e-mail, you have requested access to the reply of the UK authorities to the
Commission's reasoned opinion related to infringement 2011/2054.
On 22 June 2011 the Commission initiated infringement proceedings against the UK under
Article 258 of the Treaty on the Functioning of the European Union (TFEU) for failure to
transpose Directive 2004/38/EC correctly. The UK authorities submitted their observations
on 22 September 2011.
As the UK reply was not satisfactory, the Commission addressed to the UK authorities on
26 April 2012 a Reasoned Opinion under Article 258 TFEU and invited the UK authorities
to take the necessary measures to comply with the Reasoned Opinion. The UK authorities
replied on 24 July 2012.
I regret to have to inform you that the document you require comes under the system of
exceptions provided for in the European legislation related to access to documents, and that
we cannot therefore provide it to you. The exception that applies to the document you
requested is enshrined in Article 4(2) third indent of Regulation No 1049/2001, according
to which:
"The institutions shall refuse access to a document where disclosure would undermine the
protection of the purpose of inspections, investigations and audits, unless there is an
overriding public interest in disclosure."
Indeed, the document requested concerns an on-going infringement procedure against the
UK, which, if disclosed, would undermine the protection of the purpose of the investigation
of compliance of UK law with EU law. It contains the interpretation of EU and UK laws by
the Commission and the UK authorities which was exchanged in the framework of the
assessment of the transposition of the Directive and possible infringement proceedings
under Article 258 TFEU.
Infringement investigations call for genuine co-operation and mutual trust between the
Commission and the Member State concerned so as to enable those two parties to open
discussions with a view to a resolution of the dispute.
I also consider that there is no overriding public interest in disclosing the document despite
the protection under Article 4(2) third indent of Regulation No 1049/2001. The information
provided in the official Commission’s press release1 on the occasion of adoption of the
Reasoned Opinion strikes the right balance between protecting the above interests and
informing the public. There seems to be no need at this stage in further disclosing, even
partially, details of the Commission’s assessment of UK law before the Court of Justice of
the European Union provides an authoritative interpretation of EU law.
However, if you wish to appeal against this decision, you should write to the Commission
Secretary-General at the address below, repeating your initial request. You have fifteen
working days from receipt of this letter in which to appeal. Beyond this deadline, your
initial request will be considered withdrawn.
The Secretary-General will inform you of the outcome of this re-examination of your
request within fifteen working days of receipt of your request, either by granting you access
to the document or by confirming the refusal. In the latter case, she will also inform you of
any further appeal routes you may take.
All correspondence must be sent to:
The Secretary-General
European Commission
B-1049 BRUSSELS
