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Case T-570/22: Action brought on 12 September 2022 — Herbert Smith Freehills v Commission
ECLI:EU:UNKNOWN:62022TN0570
62022TN0570
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28.11.2022
EN
Official Journal of the European Union
C 451/16
(Case T-570/22)
(2022/C 451/19)
Language of the case: English
Parties
Applicant: Herbert Smith Freehills LLP (Brussels, Belgium) (represented by: P. Wytinck, lawyer)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
—annul in its entirety the decision of the European Commission C(2022) 4816 final of 3 July 2022, pursuant to Article 4 of the Implementing Rules to Regulation (EC) No 1049/2001; (1)
—order that the defendant pay the applicant’s costs in these proceedings.
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 infringement of Articles 2(1) and 2(3) of Regulation 1049/2001, as the Commission failed to provide access to information from the relevant databases that qualifies as documents falling within the scope of the applicant’s requests, and the Commission failed to identify and provide access to all documents falling within the scope of the applicant’s requests, including the intermediate documents containing information extracted from the relevant databases.
2.Second plea in law, alleging failure to state reasons, as required by Article 296 TFEU.
(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).