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Case T-418/12: Action brought on 21 September 2012 — Beninca v Commission
ECLI:EU:UNKNOWN:62012TN0418
62012TN0418
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24.11.2012
Official Journal of the European Union
C 366/36
(Case T-418/12)
2012/C 366/74
Language of the case: English
Parties
Applicant: Jürgen Beninca (Frankfurt am Main, Germany) (represented by: C. Zschocke, lawyer)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
—Annul Commission’s decision of 26 July 2012, implicitly refusing access to a document produced in the framework of merger proceedings (Case COMP/M.6166 — NYSE Euronext/Deutsche Börse); and
—Order the defendant to pay the costs.
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 has not rendered a decision on the applicant’s request to access to a certain document within the time limit foreseen by Article 8(2) of Regulation No 1049/2001 (1). Pursuant to Article 8(3) of the Regulation, this constitutes an implicit negative and unreasoned decision and thereby constitutes a violation of relevant provisions on access to documents.
2.Second plea in law, alleging that none of the arguments raised by the Commission, in its preliminary assessment, justify denying the applicant access to the requested document.
(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 L 145, p. 43)