… The request for access was based on
Article
6(1) of Decision 2004/258/EC of the European Central Bank of 4 March 2004 on public access to European Central Bank documents (OJ 2004 L 80, p. 42), as last amended by Decision (EU) 2015/529 of the European Central Bank of 21 January 2015 (OJ 2015 L 84, p. 64), and on
Article
41(2)(b) and
Article
42 of the
Charter
of Fundamental Rights of the European Union (‘the
Charter
’).
7 On 27 July 2022, in reply to the request for access, the ECB adopted the contested …
… JUDGMENT OF THE GENERAL COURT (Seventh Chamber)
6 November 2024 (*)
(Access to documents - Decision 2004/258/EC - ECB’s assessment that Sberbank banka was failing or likely to fail - Refusal to grant access - Action for annulment - Act not open to challenge - Admissibility -
Article
22(2) of Regulation (EU) No 1024/2013 -
Article
32(1) of Regulation (EU) No 468/2014 - Supervised entity - Shareholders’ rights of defence -
Article
41 of the
Charter
of Fundamental Rights - Right of access to the ECB …
… Admitting that the legality of measures denying access to the file could be challenged
independently
of the judicial review of the decision closing the administrative procedure would wrongly transform the right to access the file into an
independent
right, that is to say, into a right having an ‘end in itself’.
20 The ECB also argues that effective judicial protection is guaranteed in the present case by the indirect judicial review of the contested decision carried out in the context of the action …