(Access to documents— Regulation (EC) No1049/2001— Request for access to detailed opinions issued in the course of a notification procedure under Directive 98/34

1On 20November 2013, in the context of infringement procedure 2013/4218, the Commission sent the Republic of Poland, and a number of other Member States, a letter of formal notice under Article258 TFEU in which it asked the recipients to bring their national legislative frameworks governing services relating to games of chance into conformity with the fundamental freedoms of the Treaty on the Functioning of the European Union.

2In its reply, received by the Commission on 3March 2014, the Republic of Poland stated that it intended to notify draft legislation amending the Polish Law on games of chance to the Commission, pursuant to Directive 98/34/EC of the European Parliament and of the Council of 22June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations (OJ 1998 L204, p.37), in order to address the Commission’s concerns.

3On 5November 2014, the Republic of Poland notified the proposed draft law to the Commission, pursuant to Article8 of Directive 98/34. That notification was registered under reference number 2014/537/PL.

4On 3 and 6February 2015 respectively, the Commission and the Republic of Malta delivered detailed opinions, within the meaning of Article9(2) of Directive 98/34, on the notified draft law.

5On 17February 2015, the applicant, Izba Gospodarcza Producentów i Operatorów Urządzeń Rozrywkowych, an organisation representing the interests of manufacturers, distributors and operators of amusement machines in Poland, requested access to the opinions delivered by the Commission and the Republic of Malta, pursuant to Article2(1) of Regulation (EC) No1049/2001 of the European Parliament and of the Council of 30May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001 L145, p.43).

6On 10March 2015, the Commission refused to grant the applicant access to the documents requested.

7On 16April 2015, the applicant sent the Commission a confirmatory application for access to the documents, pursuant to Article7(2) of Regulation No1049/2001.

8On 12June 2015, the Commission adopted Decision GESTDEM 2015/1291, by which it rejected the confirmatory application in so far as it concerned the Commission’s detailed opinion. On 17July 2015, the Commission adopted Decision GESTDEM 2015/1291, by which it rejected the confirmatory application in so far as it concerned the Republic of Malta’s detailed opinion (together, ‘the contested decisions’).

9In the contested decisions, the Commission explained that disclosure of the documents at issue would have undermined the protection granted to inspections, investigations and audits provided for in the third indent of Article4(2) of Regulation No1049/2001 with regard to infringement procedure 2013/4218, since those opinions were inextricably linked to that procedure.