Herbert Smith Freehills LLP v Council of the European Union

European Union – EU Institutions. The General Court of Justice of the European Union dismissed the action brought by Herbert Smith Freehills LLP for annulment of Decision 18/c/01/14 of the Council of the European Union, refusing access to certain documents relating to the adoption of Directive 2014/40/EU of the European Parliament and of the Council. The General Court held that the Council had been correct in its views that the documents at issue concerned legal advice within the meaning of the second indent of art 4(2) of Regulation (EC) No 1049/2001 and that there was no overriding public interest in their disclosure.

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