Judgment_paragraph 73 · European Commission v Republic of Slovenia (C-316/19)

73In respect of the objective pursued by Article 2 of the Protocol on privileges and immunities, according to case-law the privileges and immunities accorded to the European Union by the Protocol on privileges and immunities have a functional character, inasmuch as they are intended to avoid any interference with the functioning and independence of the European Union (order of 13 July 1990, Zwartveld and Others, C‑2/88‑IMM, EU:C:1990:315, paragraph 19; judgment of 18 June 2020, Commission v RQ, C‑831/18 P, EU:C:2020:481, paragraph 47). The Court has held in that regard that the principle of the inviolability of archives of the Union could, inter alia, be relied upon by an EU institution in order to prevent the disclosure of information contained in the documents included in the archives of the institution concerned where such disclosure would be capable of interfering with the functioning and independence of that institution, in particular by jeopardising the performance of the tasks entrusted to it (see, to that effect, order of 6 December 1990, Zwartveld and Others, C‑2/88‑IMM, EU:C:1990:440, paragraph 11).

European Commission v Republic of Slovenia (C-316/19)

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