AG Kokott: OLAF’s refusal to grant access to documents is subject to judicial review

In her Opinion in Dragnea v Commission (C‑351/20 P), Advocate General Kokott advised the Court of Justice to annul a General Court order in T‑738/18 dismissing as inadmissible an action for annulment against the refusal of the European Anti-Fraud Office (OLAF) to grant access to certain documents to the leader of the Romanian Social Democrat Party, Mr Liviu Dragnea, who was accused of fraud affecting the EU budget by Romanian national authorities but not listed as a ‘person concerned’ by OLAF.

The case concerns the right of inspection of files and to access European Commission documents under Regulation 1049/2001 in a situation where a person considers himself concerned by an OLAF investigation, despite not having been classed as