European Court verdict
supports drive for increased transparency in EU
decision-making
Corporate Europe Observatory press
release, 8 November 2007
Today the European Court of First Instance issued a judgement in the long-running Bavarian Lager Case, annulling a decision of the European Commission to reject an application for access to the full minutes of a stakeholders meeting organised by the Commission, including all names of the lobbyists present at that meeting. The Commission could still appeal the judgement at the European Court of Justice.
Erik Wesselius of Corporate Europe Observatory says:
"the Court of First Instance’s judgement is very good news for all those (both inside and outside the institutions) who want to improve transparency in EU decision-making."
The Court of First Instance?s judgement means that the Commission will no longer be able to justify withholding names of individual lobbyists who communicate opinions or information to it by referring to EU data privacy protection rules.
The ruling confirms a recent decision
by the European Ombudsman, Nikiforos Diamandouros, on a complaint
filed by Corporate Europe Observatory after Directorate-General
Trade — led by Peter Mandelson – had started blanking out the
names of industry lobbyists in correspondence, minutes of meetings
and other documents released under EU access to document rules.
The Ombudsman rejected this practice as "maladministration".
After the Court of First Instance?s judgement, Corporate Europe
Observatory now expects the Ombudsman to take action
to ensure that the Commission releases the uncensored version
of the requested DG Trade documents.
The Court of First Instance’s verdict will also make it hard for lobbyists to justify not registering in the new EU lobbying disclosure database which EU Commissioner Siim Kallas will launch next spring as part of the European Transparency Initiative.
Contact:
Erik Wesselius, Corporate Europe Observatory
+31-6-38204887 (mobile) or +31-30-2364422 (land line)
Notes
1. The Court of First Instance?s judgement is published here: http://curia.europa.eu
2. In October 2005, Corporate Europe
Observatory, an Amsterdam-based lobby watchdog, submitted a
complaint against the European Commission after Directorate-General
Trade — led by Peter Mandelson – had started blanking out the
names of industry lobbyists in correspondence, minutes of meetings
and other documents released under EU access to document rules.
Corporate Europe Observatory has over the last years attempted
to monitor DG Trade?s relations with corporate lobby groups such
as the European Services Forum, which by many civil society groups
are seen to enjoy privileged access and influence over EU trade
policies. The Commission argued that the disclosure of the names
of the lobbyists would ?undermine the protection of the privacy
and the integrity of the individual? and referred to data protection
rules as a justification for the secrecy.
In his decision (dated July 16 2007), the Ombudsman concludes
that "the complainant?s allegation that the Commission failed
to comply with its duty to provide proper access to documents
under regulation 1049/2001 appears to be founded. This would
constitute an instance of maladministration by the Commission."
3. Corporate Europe Observatory
is an Amsterdam-based EU lobby
watchdog group. See also: http://www.corporateeurope.org/aboutceo.html