Compañía de Tranvías de la Coruña, SA v European Commission (T-485/18)

Judgment of 6 Feb 2020

law://eu/cjeu/2018/t-485-18/para_70@2026-11-13

70However, the institution’s obligation to conduct a careful examination must lead it to check whether the explanations given by the Member State to oppose the disclosure of its documents appear to it, prima facie, to be well founded (see, to that effect, judgments of 5 April 2017, France v Commission, T‑344/15, EU:T:2017:250, paragraph 54, and of 21 November 2018, Stichting Greenpeace Nederland and PAN Europe v Commission, T‑545/11 RENV, EU:T:2018:817, paragraph 44). It is necessary for the institution to determine whether, in the light of the circumstances of the case and of the relevant rules of law, the reasons given by the Member State for its objection were capable of justifying prima facie such refusal and, accordingly, whether those reasons made it possible for that institution to assume the responsibility conferred on it under Article 8 of Regulation No 1049/2001. It is a matter of preventing the institution from adopting a decision which it does not consider to be defensible since it is the author of that decision and is therefore responsible for its lawfulness (see, to that effect, judgment of 5 April 2017, France v Commission, T‑344/15, EU:T:2017:250, paragraphs 46 and 47 and the case-law cited).

Compañía de Tranvías de la Coruña, SA v European Commission (T-485/18)

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