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

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

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 discusses the types of documents that may be subject to disclosure, including documents held by EU institutions, agencies, and bodies, as well as documents held by member states that relate to EU law.

Related documents

Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC

Regulation 1049/2001 of 30 May 2001 regarding public access to European Parliament,...