Analysis: “Setting the record straight on disclosure of a document by a third party and the obligation of EU Institutions to provide access to documents: Leino-Sandberg v European Parliament” by Anastasia Karatzia
Last week, the Court of Justice delivered its judgment in Leino-Sandberg v European Parliament (C‑761/18 P), an appeal against the General Court’s Order in Leino-Sandberg v European Parliament (T‑421/17). The General Court had held that there was no longer any need to adjudicate on the applicant’s action for the annulment of the European Parliament’s Decision A(2016) 15112 (the 'contested decision') because the requested document had already been published on the internet by a third party. In the contested decision, the European Parliament refused Professor Leino-Sandberg access to Decision A(2015) 4931 (the requested document) which was addressed to Emilio De Capitani and dealt with trilogue negotiations.
Mr De Capitani had publi