Official Journal of the European Union

C 179/8

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(Case C-135/11 P)

2011/C 179/14

Language of the case: English

Parties

Appellant: IFAW Internationaler Tierschutz-Fonds gGmbH (represented by: S. Crosby, Advocaat, S. Santoro, Avvocato)

Other parties to the proceedings: European Commission, Kingdom of Denmark, Republic of Finland, Kingdom of Sweden

Form of order sought

The appellant claims that the Court should:

—find that the contested judgment is vitiated by errors of law and to set it aside accordingly;

—annul the Commission's decision refusing access to the Schröder letter and

—order the Commission to pay the Appellant's costs in both proceedings pursuant to Article 69 of the Rules of Procedure of the Court of Justice.

Pleas in law and main arguments

The Appellant contends that the General Court, in the contested judgment, erred in law by:

—not recognizing that the Commission has to conduct a full review of whether the grounds relied upon by the Member State for not disclosing a document fall under one of the exceptions of Article 4 of Regulation 1049/2001 (1) by testing the exceptions against the content of the document; and

—ruling that it was able in law to conduct a full review of the refusal to disclose without sight of the document in question.

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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 L 145, p. 43

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