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Case T-11/16: Order of the General Court of 7 June 2017 — De Masi v Commission (Action for annulment — Access to documents — Regulation (EC) No 1049/2001 — No confirmatory decision — Request for access on the basis of interinstitutional cooperation under Article 230 TFEU — Documents relating to the work of the ‘Code of Conduct Group (Business Taxation)’ set up by the Council — Act not amenable to review — Manifest inadmissibility)

ECLI:EU:UNKNOWN:62016TB0011

62016TB0011

June 7, 2017
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14.8.2017

Official Journal of the European Union

C 269/15

(Case T-11/16)(Action for annulment - Access to documents - Regulation (EC) No 1049/2001 - No confirmatory decision - Request for access on the basis of interinstitutional cooperation under Article 230 TFEU - Documents relating to the work of the ‘Code of Conduct Group (Business Taxation)’ set up by the Council - Act not amenable to review - Manifest inadmissibility)

(2017/C 269/21)

Language of the case: German

Parties

Applicant: Fabio De Masi (Brussels, Belgium) (represented by: A. Fischer-Lescano, Professor)

Defendant: European Commission (represented by: F. Erlbacher, J. Baquero Cruz and A. Buchet, acting as Agents)

Re:

Application based on Article 263 TFEU and seeking the annulment, first, of the decision allegedly contained in the Commission’s letter of 9 December 2015 responding to the request for access to the documents of the ‘Code of Conduct Group (Business Taxation)’, submitted by the applicant on the basis of 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), and, secondly, of the decision allegedly contained in the Commission’s letter of 9 November 2015 responding to the request for access to the same documents submitted by the Chairman of the European Parliament’s Special Committee on Tax Rulings and Other Measures Similar in Nature or Effect.

Operative part of the order

1.The action is dismissed as being manifestly inadmissible.

2.Mr Fabio De Masi shall bear his own costs.

Language of the case: German.

(1) OJ C 78, 29.2.2016.

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