Kommentare zu: Update on the Tillack case http://www.wortfeld.de/2004/10/update_on_the_tillack_case/ Das Weblog von Alexander Svensson über Medien, Netzpolitik et cetera. Fri, 13 Jan 2012 04:08:31 +0000 hourly 1 http://wordpress.org/?v=3.3.1 Von: p.lukasiak http://www.wortfeld.de/2004/10/update_on_the_tillack_case/comment-page-1/#comment-359 p.lukasiak Wed, 30 Nov -0001 00:00:00 +0000 http://www.wortfeld.de/wp/2004/10/update_on_the_tillack_case.html#comment-359 please clarify... does this mean that the EU gets immediate access to Tillack's files, or not. (sorry for the english, but you don't want to see how i mangle Deutsche..) please clarify…

does this mean that the EU gets immediate access to Tillack’s files, or not.

(sorry for the english, but you don’t want to see how i mangle Deutsche..)

]]> Von: Alexander http://www.wortfeld.de/2004/10/update_on_the_tillack_case/comment-page-1/#comment-360 Alexander Wed, 30 Nov -0001 00:00:00 +0000 http://www.wortfeld.de/wp/2004/10/update_on_the_tillack_case.html#comment-360 That's a hard question: I find it difficult to extract that from the court decision. In the section "Facts" the court mentions that Tillack "applied for (...) an order that OLAF refrain from obtaining, inspecting, examining or hearing the contents of any documents and information in the possession of the Belgian judicial authorities" and says that he did so "by separate document". However, the decision itself centers on the "application for annulment of the measure forwarding the information" from OLAF to the national authorities. The President of the Court finds that this forwarding "does not give rise to any binding legal effect" and therefore "is not challengeable before the Community judicature". I'm not sure whether the court just skipped the question or whether it will deal with this question separately. (The Focus article above also mentions only the forwarding of information from OLAF to the national authorities.) That’s a hard question: I find it difficult to extract that from the court decision. In the section »Facts« the court mentions that Tillack »applied for (…) an order that OLAF refrain from obtaining, inspecting, examining or hearing the contents of any documents and information in the possession of the Belgian judicial authorities« and says that he did so »by separate document«.

However, the decision itself centers on the »application for annulment of the measure forwarding the information« from OLAF to the national authorities. The President of the Court finds that this forwarding »does not give rise to any binding legal effect« and therefore »is not challengeable before the Community judicature«.

I’m not sure whether the court just skipped the question or whether it will deal with this question separately. (The Focus article above also mentions only the forwarding of information from OLAF to the national authorities.)

]]> Von: Gawain http://www.wortfeld.de/2004/10/update_on_the_tillack_case/comment-page-1/#comment-361 Gawain Wed, 30 Nov -0001 00:00:00 +0000 http://www.wortfeld.de/wp/2004/10/update_on_the_tillack_case.html#comment-361 Couple of comments, firstly Focus would probably play up any difficulties for Stern, after all doing down your competition is professional courtesy. Secondly though there is as you note room for appeal over the following two months, very rarely are decisisons overturned. Oh and from what I understand the Commission already has copies of the documents taken from Tillack Couple of comments, firstly Focus would probably play up any difficulties for Stern, after all doing down your competition is professional courtesy. Secondly though there is as you note room for appeal over the following two months, very rarely are decisisons overturned.
Oh and from what I understand the Commission already has copies of the documents taken from Tillack

]]> Von: Alexander http://www.wortfeld.de/2004/10/update_on_the_tillack_case/comment-page-1/#comment-362 Alexander Wed, 30 Nov -0001 00:00:00 +0000 http://www.wortfeld.de/wp/2004/10/update_on_the_tillack_case.html#comment-362 Gawain, you're probably right that there usually is Focus-Stern rivalry, but there is also a sense of "press solidarity against a common enemy". Tillack's perspective on Brussels made him a bit of a loner among German journalists writing about the EU (small wonder the Daily Telegraph writer likes him), but there really was general outrage about the raid. Tillack provided Focus with quotes, and the article certainly highlights his side of the story. Gawain, you’re probably right that there usually is Focus-Stern rivalry, but there is also a sense of »press solidarity against a common enemy«. Tillack’s perspective on Brussels made him a bit of a loner among German journalists writing about the EU (small wonder the Daily Telegraph writer likes him), but there really was general outrage about the raid. Tillack provided Focus with quotes, and the article certainly highlights his side of the story.

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