- Under Regulation 1049/2001, MyTravel Group requested access to documents relating to the prohibition of a merger between it and another company from the Commission
- The Commission refused the request
- The General Court upheld the Commission’s decision
- Could the Commission’s decision be reversed?
- Yes, subject to the General Court’s approval
- It is the starting point that a requested document will be accessible to an applicant under the directive
- A refusal will require an explanation, with reference to the interest being protected by the institution
- The interest protected must be as a result of a non-hypothetical and foreseeable risk