T-540/15, De Capitani

1. Facts

De Capitani, a former employee of the European Parliament, sought access to fourth-column documents submitted to trilogues.

2. Outcome

• Access was denied.

• It was argued that disclosure would "actually, specifically, and seriously" undermine the decision-making process.

• Additionally, disclosure could lead to public pressure on negotiations.

• The court held that the principle of transparency could not constitute an overriding public interest.

De Capitani brought the case to the Court of Justice of the European Union (CJEU), which referred to Article 10(3) of the Treaty on European Union (TEU):

• Every citizen has the right to participate in the democratic life of the Union.

• Decisions should be taken as openly and as closely as possible to the citizen.

However, the CJEU did not find certainty that external pressure would create a reasonably foreseeable risk and thus refused access to the trilogue documents.

3. Impact and Analysis

• If outsiders seek information, they must now request it from the respective institutions, often through a lengthy process.

• It is beneficial to read this case alongside Martines 2018.

Martines 2018

• Trilogue documents, if disclosed, are usually at the end of legislative procedures.

• Although this contributes to political accountability, it comes too late to ensure meaningful participation.