eClear AG v. Commission: General Court rules on access to binding tariff information decisions

eClear AG, a company based in Berlin, filed an action against the European Commission seeking to annul the decision C(2023) 3193 final, dated May 8, 2023. This decision, in response to eClear's request for access to binding tariff information decisions (BTI) made between January 1, 2004, and September 14, 2022, granted access only to non-confidential versions of valid BTIs, while denying access to RTCs deemed invalid, annulled, or revoked. The case is rooted in the interpretation of access rights under Regulation (EC) No 1049/2001, which governs public access to EU documents: eClear v Commission (T-127/23). 

The applicant contested that the Commission’s decision violated the right to access documents under EU law, particularly the