# Gregorio Valero Jordana v European Commission

- Type: Case Law
- Source: General Court
- Identifier: T-161/04
- Date: 2011-07-07
- Original: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62004TJ0161
- Canonical: https://overview.legal/posts/593510
- Topics: Personal Data

## Sections (8)

### ¶0

Judgment of the General Court (Eighth Chamber) of 7 July 2011 – Valero Jordana v Commission (Case T-161/04) Access to documents – Regulation (EC) No 1049/2001 – Reserve list for an open competition and individual decisions concerning the appointment of officials – Refusal of access – Exception concerning privacy and the integrity of the individual – Protection of personal data – Regulation (EC) No 45/2001

> Topics: Personal Data

### ¶1

European Union – Institutions – Right of public access to documents – Regulation No 1049/2001 – Exceptions to the right of access to documents – Duty to state reasons – Scope (Art. 253 EC; European Parliament and Council Regulation No 1049/2001) (see paras 48-49)

> Topics: Right of Access

### ¶2

European Union – Institutions – Right of public access to documents – Regulation No 1049/2001 – Exceptions to the right of access to documents – Protection of privacy and the integrity of the individual – Scope – Duty to assess in accordance with EU legislation on the protection of personal data (European Parliament and Council Regulations No 45/2001, Arts 1(1) and 2(a) and (b), and No 1049/2001, Art. 4(1)(b)) (see paras 87-89, 91, 95-96, 102)

> Topics: Personal Data, Right of Access · Applies: gdpr-art-4-par-1-en

### ¶3

Acts of the institutions – Statement of reasons – Obligation – Scope – Reasoning put forward during proceedings not mentioned in the contested decision – Not permissible (Art. 253 EC) (see para. 107 Re: APPLICATION for annulment of the decision of the Commission of 10 February 2004 refusing the applicant’s request for access to the reserve list for open competition A7/A6 COM/A/637 and the individual decisions appointing officials in Grade A 6 from 5 October 1995. Operative part The Court: 1 Annuls the decision of the Commission of the European Communities of 10 February 2004 refusing to give Mr Gregorio Valero Jordana access to the reserve list for open competition A7/A6 COM/A/637 and the individual decisions appointing officials in Grade A 6 from 5 October 1995; 2 Orders the Commission to bear its own costs and to pay Mr Valero Jordana’s costs; 3 Orders the Kingdom of Sweden to bear its own costs;

### ¶4

Orders the European Data Protection Supervisor (EDPS) to bear his own costs;

### ¶5

Removes the Kingdom of Denmark as an intervener in Case T‑161/04;

### ¶6

Orders the Kingdom of Denmark to bear its own costs;

### ¶7

Orders Mr Valero Jordana, the Commission, the Kingdom of Sweden and the EDPS to bear their own costs in regard to the Kingdom of Denmark’s intervention.

## Cited law provisions (1)

### GDPR — gdpr-art-4-par-1-en

‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

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