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Case T-734/17: Action brought on 3 November 2017 — ViaSat v Commission

ECLI:EU:UNKNOWN:62017TN0734

62017TN0734

November 3, 2017
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22.1.2018

EN

Official Journal of the European Union

C 22/48

(Case T-734/17)

(2018/C 022/64)

Language of the case: English

Parties

Applicant: ViaSat, Inc. (Carlsbad, California, United States) (represented by: J. Ruiz Calzado, L. Marco Perpiñà, and S. Semey, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

annul the Commission’s implied negative decision of 24 August 2017, resulting from the failure by the European Commission, under Article 8(3) of Regulation No 1049/2001, to reply within the prescribed time-limit to the applicant’s confirmatory application for access to documents of 10 July 2017 in relation to the access to documents request registered on 2 May 2017 under No 2017/2592, insofar as concerns information produced or exchanged in the context of a call for applications for pan-European systems providing mobile satellite services;

order the Commission to pay the costs, including those of any intervening parties.

Pleas in law and main arguments

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

1.First plea in law, alleging that the Commission breached its duty to state reasons under Article 296(2) TFEU.

2.Second plea in law, alleging that the Commission failed to perform a concrete and individual examination of the requested documents.

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