Disclosure of the EIB Review and Evaluation Process reports

On 5 March 2025, the EIB-CM received a complaint from a journalist, who had requested access to the EIB’s Review and Evaluation Process (REP) reports for the year 2019 onwards and whose request had been rejected by the EIB. The complainant challenged the EIB’s refusal to give access to the REP reports alleging that such refusal was in breach of the EIB Group Transparency Policy. Specifically, the complainant considered that the EIB’s refusal was based on an incorrect application of the exceptions to disclosure in the EIB Group Transparency Policy, that the EIB had not weighted the interests protected by such exceptions against the public interest to the disclosure of the REP reports, and that the EIB had failed to assess the possibility of granting partial access to the REP reports. 

​​Work performed 

​​The EIB-CM carried out its investigation on the complainant’s allegations by reviewing the relevant documentation and correspondence, as well as the additional information provided by the EIB’s services involved in carrying out the REP. The EIB-CM assessed the allegations in the light of the relevant regulatory framework, particularly the EIB Group Transparency Policy and the REP Guiding Principles, and also in the light of the case-law of the Court of Justice of the European Union (CJEU) on the public right of access to documents. 

​Based on the collected and analysed information, the EIB-CM prepared the conclusions report.​ 

Conclusion 

​​Based on its investigation, the EIB-CM concluded that, in refusing access to the REP reports, the EIB relied on exceptions to disclosure foreseen in the EIB Group Transparency Policy without providing sufficient explanations that would allow the complainant to understand whether the REP reports fall within the scope of those exceptions and whether their disclosure would undermine the protection of the specific interests protected by the exceptions. In addition, the EIB-CM found that the EIB did not provide elements demonstrating that it had weighted the application of the exceptions to disclosure against a potential overriding public interest in the disclosure of the REP reports, and that it had assessed the possibility of granting partial access to the REP reports. 

​The EIB-CM therefore considers that the EIB’s refusal to give access to the REP reports does not meet the standards of statement of reasons identified by the case-law of the CJEU in matters of public right of access to documents and for this reason is not in line with the EIB Group Transparency Policy. 

​​Outcome 

​​When closing its compliance review in December 2025, the EIB-CM recommended to the competent EIB’s services to review the complainant’s request for access to the REP reports in light of the principles established by the case-law of the CJEU in matters of public right of access to documents. The EIB should provide to the complainant a new reply supported by a proper statement of grounds. The EIB-CM expects the EIB to implement this recommendation by the end of March 2026. 

Monitoring

In January 2026, the EIB sent a new reply to the complainant’s request to disclose the REP reports. The new reply provides to the complainant an exhaustive statement of reasons for the EIB’s decision to refuse access to the REP reports and it appears in line with the principles set by the CJEU case-law in matters of public right of access to documents.

The EIB-CM therefore considers that its recommendation has been duly and timely implemented.