Access to Documents and Copyright Law – Focus on the General Court Ruling T-185/19

• Jurisdiction: European Union
• Author: Fred Logue
• Year: 2022

Speaker

Fred is the principal of the firm FP Logue, specialising in technology, intellectual property, information law and commercial law. Fred has extensive experience and expertise in licensing and exploitation of software and technology. He specialises in advising clients on strategy, contracts, transactions and disputes in business sectors where technology plays a key role, as well as online and digital markets. Fred is also a leading information lawyer, advising on FOI, access to environmental information, data protection and privacy. Fred has acted in major information law cases before public authorities, administrative decision makers, Irish Courts, European institutions, and the United Nations.

Topic

The e-presentation focuses on the EU law regarding access to documents, which is a fundamental principle in the EU legal system. It provides an overview of how this principle has been interpreted by the General Court in a recent ruling from 14 July 2021 (Public.resource.org and right to know v Commission, T-185/19) in cases where copyright is invoked to oppose the disclosure of documents.

The General Court's ruling clarified that access to documents is a fundamental right that must be interpreted broadly, and that exceptions to this right, such as those based on copyright, must be interpreted narrowly. The court emphasized that the public's right to access information is of paramount importance, and that any restrictions on this right must be strictly justified.

The e-presentation also provides practical information on how to exercise the right of access to documents, including how to submit a request and how to appeal a decision. It also...