Примери за използване на Documents at issue на Английски и техните преводи на Български
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Ecclesiastic
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By the decisions at issue, the Commission confirmed its refusal to grant access to the documents at issue.
In the present case, it is established that the documents at issue relate to legislative initiatives envisaged in respect of environmental matters.
In that regard,Frontex did not commit a manifest error of assessment by refusing access to the documents at issue.
In the second place, it should also be noted that the documents at issue contain environmental information within the meaning of Regulation No 1367/2006.
In the second place, the Commission considered that there was no overriding public interest in disclosure of the documents at issue.
Accordingly, the applicants request that the documents at issue be removed from the case-file and not be taken into account as evidence in the present case.
The decision-making process would be actually, specifically andseriously affected by the disclosure of the fourth column of the documents at issue;
Disclosure, at that stage, of the documents at issue would undermine its decision-making processes and reduce the likelihood of achieving the best possible compromise.
It follows from the foregoing that the Commission infringed the firstsubparagraph of Article 4(3) of Regulation No 1049/2001 by refusing to disclose the documents at issue on the basis of that provision.
The real drafter or, more likely, drafters,are entirely anonymous, since the documents at issue were drawn up continuously and, like any official document, had to be checked by higher authorities.
According to the applicants, the minimal procedural safeguards laid down in Article 12(1) of Regulation No 1/2003,which must be applied by analogy in the present case, preclude the use of the documents at issue in the present proceedings.
The restriction on freedom of expression flowing from the protection by copyright of the documents at issue is not only not necessary in a democratic society, but would also be highly damaging.
Furthermore, the number of documents at issue- namely eleven- is clearly very small in the light of the total number of documents involved; around 1 000 documents were copied and a far higher number of documents were examined.
The application of those criteria to the instant case raises serious doubts as to the classification of the documents at issue as works for the purpose of EU copyright law, as interpreted by the Court.
Accordingly, if the transmission of the documents at issue was not declared unlawful by a national court, those documents cannot be considered to be inadmissible evidence which must be removed from the file.
In addition, it is not established in the present case that the information disclosed in the context of those consultations and the information contained in the documents that were already publicly available corresponded, in essence,to the information set out in the documents at issue.
In the present case, as is apparent from paragraphs 9 and33 of the judgment under appeal, the documents at issue relate to impact assessments carried out with a view to the potential adoption of legislative initiatives by the Commission.
The Commission adds that citizens will have the possibility to be made aware of the bases for the legislative action of the European Union from the moment the legislative procedure begins with the submission of its legislative proposal, since the documents at issue will be published at that time.
The Commission concluded from this that access to the documents at issue had to be refused on the basis of the first subparagraph of Article 4(3) of Regulation No 1049/2001, given that the decision-making processes relating thereto were at a very early and delicate stage.
Concerning, second, the grounds specific to the two ongoing decision-making processes, which are summarised in paragraph 119 above, as was asserted by ClientEarth at first instance, they do not permit a finding of a specific, actual andreasonably foreseeable risk that access to the documents at issue would seriously undermine those processes either.
Frontex submits that the action is inadmissible on the ground that the request for access to the documents at issue was preceded and followed by a series of requests lodged separately by the applicants(paragraph 33 of the defence), which at least in part covered the same information.
In support of the first part of that plea, alleging infringement of the first subparagraph of Article 4(3) of Regulation No 1049/2001, it put forward three complaints alleging, first, that that provision was not applicable, second, that there was no risk that the Commission's decision-making processes wouldbe seriously undermined and, third, that there was an overriding public interest in disclosure of the documents at issue.
Lastly, in the event that the Court finds that thereis no such presumption, it will consider whether the full disclosure of the documents at issue would seriously undermine the decision-making process in question within the meaning of the first paragraph of Article 4(3) of Regulation No 1049/2001.
The Commission has not established, in detail, the reasons why, taking into account, in particular, the precise stage of the impact assessment procedures at issue in the present case and having regard to the specific issues yet to be discussed internally when the decisions at issue were adopted, disclosure of each of the documents at issue, taken in isolation, would have seriously undermined its ongoing decision-making processes.
However, that does not mean that the authorisation of the Procuratore della Repubblica of Rome,by which it authorised the use of the documents at issue for‘administrative proposes', must be interpreted as meaning that the Procuratore della Repubblica wished to exclude the use of the documents in a competition law procedure, if competition law is, in Italian law, considered to be part of administrative law.
As has been indicated in paragraph 21 above, at first instance, ClientEarth argued,inter alia, that the decisions at issue infringed the first subparagraph of Article 4(3) of Regulation No 1049/2001 on the ground that the Commission wrongly considered that disclosure of the documents at issue risked seriously undermining its ongoing decision-making processes for the purposes of that provision.
Moreover, in so far as the Commission, at the hearing before the Court, relied on the fact that the documents at issue were only internal, unfinalised drafts, it should be emphasised that, as that institution itself recalled in its response, in order to recognise the general presumption at issue, the General Court did not rely specifically on that fact or on the need to protect the process connected with the drafting of those documents. .
Moreover, the public interest in understanding its decision-making process should be satisfied by the submission of a proposal or the abandoning of the initiative envisaged, since, in both cases,the final version of all or part of the documents at issue will then be accessible in accordance with the Impact Assessment Guidelines adopted by the Commission on 15 January 2009(‘the 2009 Guidelines').
In the second place, as has been emphasised, in essence, by ClientEarth,it was seeking in the present case to gain access to the documents at issue so as, in particular, to make its views known in the Commission's ongoing decision-making processes and to stimulate debate on the actions planned by that institution prior to the Commission making a decision concerning the initiatives envisaged, either by submitting a proposal, where appropriate, or by abandoning those initiatives.
However, it follows from the considerations set out in paragraphs 84 to 112 above that the Commission could not rely on such grounds in order to presume that access to documents drawn up in the context of an impact assessment would, in principle, seriously undermine its ongoing decision-making processes for the purposes of the firstsubparagraph of Article 4(3) of Regulation No 1049/2001, without carrying out a specific and individual assessment of the documents at issue.