(Case T-359/09)

Action for annulment – Access to documents – Regulation (EC) No 1049/2001 – Reports of observers sent by the European Union to the Knin region (Croatia) – Interim measure – Inadmissibility – Implied refusal of access – Interest in bringing proceedings – Explicit decision adopted after the action was brought – No need to adjudicate

Re:

First, application for annulment of the decision of the Council of the European Union of 17 June 2009 refusing the applicant access to the reports of European Union observers in Croatia, in the Knin zone, from 1 to 31 August 1995, and to the documents entitled ‘ECMM RC Knin Log reports’, and for annulment of the implied refusal decision adopted on confirmatory application and, second, application seeking a declaration that the Council be ordered to authorise access, in electronic form, to the documents requested.

Operative part

1.There is no longer any need to adjudicate on the heads of claim in the action brought by Ivan Jurašinović for annulment of the implied decision of the Council of the European Union rejecting his confirmatory application for access to the reports of European Union observers in Croatia, in the Knin zone, from 1 to 31 August 1995, and to the documents entitled ‘ECMM RC Knin Log reports’.

2.The remainder of the application is dismissed as inadmissible.

3.The parties are ordered to bear their own costs.