Judgment_paragraph 35 · British American Tobacco (Investments) Ltd v Commission of the European Communities (T-311/00)

35Decision 94/90 is a measure conferring on citizens a right of access to documents held by the Commission. Clearly, however, the Commission cannot accede to a request for access to documents which do not exist, and it is clear from case-law that, in accordance with the presumption of legality attaching to Community acts, where the institution concerned asserts that a particular document to which access has been sought does not exist, there is a presumption that it does not. That, however, is a simple presumption that the applicant may rebut in any way by relevant and consistent evidence (see, to that effect, Case T-123/99 JT's Corporation v Commission [2000] ECR II-3269, paragraph 58).

British American Tobacco (Investments) Ltd v Commission of the European Communities (T-311/00)

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