CJEU - T-115/13. - Dennekamp II

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CJEU - T-115/13. Dennekamp II
Court: CJEU
Jurisdiction: European Union
Relevant Law:
Article 8(b) of Regulation (EC) No 45/2001
Regulation (EC) No 1049/2001
Case Number/Name: T-115/13. Dennekamp II
European Case Law Identifier: ECLI:EU:T:2015:497
Reference from:
Language: 24 EU Languages
Original Source: Judgement
Initial Contributor: Basil10

An applicant's request for accessing documents containing personal data must conform to the principle of necessity even if the document containing private information belongs to a public figure.

English Summary


The applicant contested the decision of the European Parliament wherein the access was refused with regards to the documents affiliated to Members of European Parliament that contained information about additional pension scheme and thereby containing personal data. The Parliament refused access on the ground that such disclosure would prejudice the legitimate interests of MEPs and violate their privacy.


The Court held that if the applicant wants to have access to documents containing personal data, then it must be proven that the transfer of personal data is the most suitable of the possible measures for attaining applicant's objective i.e. the applicant must show legitimate reasons to that effect. The Court agreed that the transfer is necessary since it is the only way for determining whether MEP's voting behavior regarding additional pension scheme is influenced by their financial interest. Hence, the Court stated that the legitimate interests and privacy of MEPs were not prejudiced by such a transfer and thereby Article 8(b) of Regulation 45/2001 was not violated.


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