EN

Official Journal of the European Union

C 53/31

(Case T-851/16)

(2017/C 053/39)

Language of the case: English

Parties

Applicant: Access Info Europe (Madrid, Spain) (represented by: O. Brouwer, E. Raedts and J. Wolfhagen, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—annul decision C(2016) 6029 of the Commission of 19 September 2016 refusing to grant access to documents requested by the applicant pursuant to Regulation (EC) No 1049/2001 (1);

—order the Commission to pay the applicant’s costs for conducting the proceedings including the costs of any intervening parties.

Pleas in law and main arguments

In support of the action, the applicant relies on four pleas in law.

1.First plea in law, alleging that the Commission misapplied Article 4(1)(a), third indent, of Regulation (EC) No 1049/2001 by deciding that access to the requested documents would seriously undermine international relations.

2.Second plea in law, alleging that the Commission misapplied Article 4(2), second indent, of Regulation (EC) No 1049/2001 by deciding that access to the requested documents would seriously undermine the protection of pending court proceedings initiated in cases T-192/16, T-193/16 and T-257/16 and that access to the said documents would undermine the Commission’s interest in seeking legal advice and receiving frank, objective and comprehensive advice. It is also argued under this plea that the Commission failed to recognize that access to the requested documents is of overriding public interest and that they should for that reason be disclosed.

3.Third plea in law, alleging that the Commission misapplied Article 4(3), first and second subparagraph, of Regulation (EC) No 1049/2001 by deciding that access to the requested documents would seriously undermine the decision-making process and/or by failing to recognize the existence of an overriding public interest, particularly given that the decision-making process in question has been finalised.

4.Fourth plea in law, alleging, in subsidiary order, that the Commission misapplied Article 4(6) of Regulation (EC) No 1049/2001 by not granting at least partial access to the requested documents which it withheld in their entirety.

(1) Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents, OJ 2001 L 145, p. 43.