The Weekly Law Reports
[2009] 2 WLR 867
Court of Justice of the European Communities
Kingdom of Sweden and another
v
Council of the European Union (Kingdom of the Netherlands and others, interveners)
(Joined Cases C-39/05P and C-52/05P)
2007 Sept 26;
Nov 29;
2008 July 1
Nov 29;
2008 July 1
President V Skouris,
Presidents of Chamber P Jann, CWA Timmermans, A Rosas, K Lenaerts, A Tizzano, G Arestis, U Lõhmus,
Judges K Schiemann, A Borg Barthet, M Ilešič, J Malenovský, J Klučka
Advocate General M Poiares Maduro
Presidents of Chamber P Jann, CWA Timmermans, A Rosas, K Lenaerts, A Tizzano, G Arestis, U Lõhmus,
Judges K Schiemann, A Borg Barthet, M Ilešič, J Malenovský, J Klučka
Advocate General M Poiares Maduro
European Community— Institutions— Public right of access to documents— Exceptions— Legal advice— Application to Council of European Union for disclosure of opinion produced by its legal service relating to legislative proposal— Refusal on grounds of disclosure giving rise to doubts as to lawfulness of legislative act and undermining independence of council’s legal service— Whether refusal legitimate— Whether council having general obligation to assent to disclosure of legal opinions in legislative process— Circumstances justifying exception— Principles of transparency, openness and citizen participation in decision-making process underlying Regulation— Whether constituting public interest capable of overriding legal advice exception— Whether legal advice exempt from disclosure—
Parliament and Council Regulation (EC) No 1049/2001, art 4(2)
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