Recent trends and developments in the case law of EU Courts on access to documents

Recent case law of EU Courts on access to documents bring some interesting developments concerning the obligations of applicants and institutions, both with regard to formal requirements and substantive elements. EU Courts retained a strict interpretation of the exceptions concerning ongoing procedures under Regulation No 1049/2001 and refrained from recognizing new general presumptions of confidentiality under ECB Decision 2004/258. Clarifications have been provided, by EU Courts, on the interest to challenge a refusal decision in case of subsequent disclosure of the requested documents and on the interests concerned by a request to remove from the file undisclosed documents. © 2023, @ ERA.