22.12.2007

EN

Official Journal of the European Union

C 315/43

(Case T-399/07)

(2007/C 315/81)

Language of the case: German

Parties

Applicant: Basell Polyolefine GmbH (Wesselig, Germany) (represented by: D. Seeliger, E. Wagner and I. Liebach, lawyers)

Defendant: Commission of the European Communities

Form of order sought

—Annul the Commission Decision of 23 August 2007;

—in the alternative, annul the Commission Decision of 23 August 2007 in so far as it also refuses partial access to documents;

—order the Commission to pay the costs.

Pleas in law and main arguments

The applicant challenges the Commission Decision of 23 August 2007, by which the Commission refuses its application for access to Commission documents concerning the decision in Case COMP/E-2/37.857 — Organic peroxides.

The applicant alleges, first of all, breach of Article 2(1) of Regulation (EC) No 1049/2001 (1). The applicant takes the view that, as a legal person with its seat in a Member State, it has a right to access to Commission documents and that this right under Article 2(3) of Regulation No 1049/2001 is also applicable to the documents requested in the context of a cartel investigation.

The applicant also alleges breach of the first and third indents of Article 4(2) of Regulation No 1049/2001, on the ground that no commercial interests that objectively warrant protection would be adversely affected by access to the documents and currently no investigation into the cartel proceedings in question is taking place. Furthermore, it is submitted in this connection that there is an overriding public interest in the disclosure of the documents applied for.

Furthermore the refusal of access to the documents applied for also infringes Article 255 EC. The decision is also in breach of Article 6(2) EU in conjunction with Article 42 of the EU Charter of Fundamental Rights.

The applicant also alleges breach of Article 4(6) in conjunction with Article 4(2) of Regulation No 1049/2001, on the ground that it at least has a right to partial access to the documents applied for. Finally, these provisions have also been breached on account of the Commission's failure to fulfil its duty to examine every document specifically and individually.

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(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).