Judgment_paragraph 76 · Ivan Jurašinović v Council of the European Union (T-63/10)

76With regard to the reports, it is not disputed that they were drawn up in the period from 1991 to 1995, that is to say, more than ten years before the beginning of the proceedings against Messrs Gotovina, Čermak and Markač and that, for that reason alone, the reports cannot be regarded as having been drawn up solely for the purposes of specific court proceedings (see Franchet and Byk v Commission, cited in paragraph 66 above, paragraph 88 and the case-law cited). It is true that the Council claimed at the hearing that the reports were covered by the exception for the protection of court proceedings because the correspondence between, on the one hand, the Prosecutor or Trial Chamber I of the ICTY and, on the other, the SGHR, formed an integral part of the documents drawn up in the context of such proceedings and that the reports should be treated in the same way as that correspondence. However, that assessment does not make it possible to determine the criteria or conditions by reference to which documents which, when they were drawn up, were not exclusively intended for specific court proceedings, could nevertheless be protected by the exception under the second indent of Article 4(2) of Regulation No 1049/2001.

Ivan Jurašinović v Council of the European Union (T-63/10)

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