30.8.2008

EN

Official Journal of the European Union

C 223/45

(Case T-221/08)

(2008/C 223/79)

Language of the case: German

Parties

Applicant: Guido Strack (Cologne, Germany) (represented by: H. Tettenborn, lawyer)

Defendant: Commission of the European Communities

Form of order sought

—annul the decisions, particularly the decision of 19 May 2008, adopted by the Commission — either actually or in the form of a deemed refusal under Article 8(3) of Regulation (EC) No 1049/2001 — in the context of the processing of the applicant's application for access to documents of 18 January 2008 and 19 January 2008 and his confirmatory application of 22 February 2008, 18 April 2008 and, in particular, 21 April 2008, in so far as they refuse those applications either in part or in full;

—order the European Commission to pay the applicant compensation for the immaterial and moral damage suffered by the applicant as a result of the processing of his application, of an appropriate amount, but at least symbolic damages in the amount of 1 Euro;

—order the European Commission to pay the costs of the procedure

Pleas in law and main arguments

On 18 and 19 January 2008, the applicant applied to the Commission for access to numerous documents. The applicant brings the present application because he was not granted access to those documents, at least partly, within the period provided for.

In support of his application, the applicant submits, in particular, that the defendant infringed Article 255 EC as well as Regulation No 1049/2001. In addition, the applicant claims that there has been an infringement of the principles of good administration, Articles 41 and 42 of the Charter of Fundamental Rights and the principles governing the obligation to state reasons for refusal decisions laid down in Article 253 EC.

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)