24.11.2012

Official Journal of the European Union

C 366/21

(Case C-608/11 P) (<span class="super">1</span>)

(Appeal - Nuclear energy - Extension of the nuclear power station at Mochovce (Slovak Republic) - Commission decision to take no further action on complaint - Action for annulment - Refusal by the Commission to send the documents requested - Action for failure to act - Minimum requirements laid down in Article 44(1)(c) of the Rules of Procedure of the General Court - Inadmissibility)

2012/C 366/37

Language of the case: German

Parties

Appellant: Land Wien (represented by: W.-G. Schärf, lawyer)

Other party to the proceedings: European Commission (represented by: M. Patakia, P. Oliver and G. Wilms, agents)

Re:

Appeal against the order of the General Court (Sixth Chamber) of 20 September 2011 in Case T-267/10 Land Wien v Commission, by which the General Court dismissed the applicant’s action seeking, on the one hand, annulment of the Commission’s decision of 25 March 2010 to take no further action on its complaint regarding the project to extend blocks 3 and 4 of the nuclear power station at Mochovce (Slovak Republic) and, on the other hand, a declaration that the Commission failed to act, within the meaning of Article 265 TFEU, to the extent that not all the documents relating to that project were sent to the applicant, in breach of 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) — Infringement of the right of access to documents, of the fourth paragraph of Article 263 TFEU and of the Euratom Treaty

Operative part of the order

1.The appeal is dismissed.

2.Land Wien is ordered to pay the costs.

(<span class="super">1</span>) OJ C 25, 28.1.2012.