Brussels, November 17, 2025 — Tiemo Wölken, a Member of the European Parliament, has asked the EU General Court to annul a European Commission decision refusing access to documents concerning the withdrawal of the proposal for a regulation on standard essential patents (the “SEP proposal”).
Wölken’s action seeks annulment of the EC’s July 21, 2025, decision, which rejected his request under Regulation 1049/2001 for access to documents linked to the authority’s withdrawal of the legislative proposal. He also asks the Court to order the Commission to bear its own costs and to pay his, according to the EU Official Journal.
Applicant’s arguments
Wölken raises two pleas in support of the action.
First, he alleges a manifest error of assessment and a misapplication of Article 4(3) of Regulation 1049/2001. He argues that the Commission wrongly refused access on the basis that the decision-making process was still ongoing, even though the decision to withdraw the SEP proposal had been taken before the contested refusal.
Second, he claims infringements of Articles 41 and 42 of the Charter of Fundamental Rights. According to the applicant, the Commission failed to identify all documents falling within the scope of his request and failed to ensure adequate document retention. He notes that no documents were identified before February 11, 2025, even though the withdrawal could not have been first discussed only the day before its official announcement.
The case is T-662/25 Wölken v Commission before the General Court.
Source: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:C_202505977
