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Case T-144/05: Judgment of the Court of First Instance of 18 December 2008 — Muñiz v Commission (Access to documents — Regulation (EC) No 1049/2001 — Documents relating to a meeting of the Working Group of the Tariff and Statistical Nomenclature Section (Mechanical/Miscellaneous) of the Customs Code Committee — Refusal of access — Exception relating to the protection of the decision-making process)

ECLI:EU:UNKNOWN:62005TA0144

62005TA0144

January 1, 2005
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21.2.2009

Official Journal of the European Union

C 44/41

(Case T-144/05)

(Access to documents - Regulation (EC) No 1049/2001 - Documents relating to a meeting of the Working Group of the ‘Tariff and Statistical Nomenclature Section (Mechanical/Miscellaneous)’ of the Customs Code Committee - Refusal of access - Exception relating to the protection of the decision-making process)

(2009/C 44/70)

Language of the case: English

Parties

Applicant: Pablo Muñiz (Brussels, Belgium) (represented: initially by B. Dehandschutter, and subsequently by L. Defalque, lawyers)

Defendant: Commission of the European Communities (represented by: P. Costa de Oliveira and I. Chatzigiannis, Agents)

Re:

Application for annulment of the Commission's decision of 3 February 2005 refusing to grant access to certain documents relating to the September 2004 meeting of the Working Group of the ‘Tariff and Statistical Nomenclature Section (Mechanical/Miscellaneous)’ of the Customs Code Committee.

Operative part of the judgment

The Court:

1.Annuls the Commission's decision of 3 February 2005 inasmuch as it refused access to documents, ‘TAXUD/1369/2003’ relating to home cinema, ‘TAXUD/974/2004’ relating to vehicles for dual use, ‘TAXUD/1342/2003’, ‘TAXUD/2465/2004’ and ‘TAXUD/2495/2004’ relating to power supply units, ‘XXI/770/1998’ relating to incomplete ADP machines, and to the minutes of the September 2004 meeting of the Working Group of the ‘Tariff and Statistical Nomenclature Section (Mechanical/Miscellaneous)’ of the Customs Code Committee (document ‘TAXUD/3010/2004 — Annex V’);

2.Declares that there is no need to adjudicate on the remainder of the action;

3.Orders the Commission to pay the costs incurred by Mr Pablo Muñiz.

(<span class="super">1</span>) OJ C 132, 28.5.2005.

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