Case C-506/08 Sweden v MyTravel Group and Commission [2011]

Facts

  • 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

Issue

  • Could the Commission’s decision be reversed?

Decision

  • Yes, subject to the General Court’s approval

Reasoning

  • 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
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Posted in EU Law Revision Notes.

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