Innovation Procurement Observatory – The Right of Access to Documents and the Principle of Good Administration in Light of Regulation 1049/2001

This document presents a real case from a judgment of the General Court of the European Union (T-36/23 of 14 May 2025), taken from Procurement@Library by Corvers Commercial & Legal Affairs. The document is particularly relevant for public administrations involved in Pre-Commercial Procurement (PCP) and Public Procurement of Innovation (PPI), as it highlights the need for robust document management and archiving systems, as well as the obligation to provide clear justifications in case of access denial.

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INNOVATIVE PROCUREMENT OBSERVATORY – The Right of Access to Documents and the Principle of Good Administration in Light of Regulation 1049/2001

This document provides a practical summary of a judgment by the General Court of the European Union (T-36/23 of 14 May 2025), concerning the right of access to documents under Regulation (EC) No. 1049/2001 and the principle of good administration. It examines how these rights relate to the presumptions of non-existence and veracity of documents by EU institutions. The text highlights the obligation for institutions to retain all relevant communications — including informal ones such as text messages — in a consistent and transparent manner. The document is particularly relevant for public administrations engaged in Pre-Commercial Procurement (PCP) and Public Procurement of Innovation (PPI), as it underscores the need for robust document management and archiving systems, as well as the obligation to provide clear justifications in case of access refusal.

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