(Case T-380/04)

Access to documents – Regulation (EC) No 1049/2001 – Documents relating to the construction of the new Athens International Airport at Spata – Refusal of access – Exception relating to the protection of commercial interests – Exception relating to the protection of the purpose of audits – Partial access

European Communities – Institutions – Right of public access to documents – Regulation No 1049/2001 (Art. 253 EC; European Parliament and Council Regulation No 1049/2001, Arts 2(3) and 4(1) to (6)) (see paras 38-46, 53-67, 69-73, 85-105, 153-155, 163)

Re:

APPLICATION for annulment of the Commission’s decision of 12 July 2004 refusing the applicant access to certain documents relating to the construction of the new Athens International Airport at Spata.

Operative part

The Court:

1.Annuls the Commission’s decision of 12 July 2004 in so far as it concerns the refusal of access to the contract of 14 June 1996 signed between Athens International Airport SA and a consortium of companies led by Hochtief AG;

2.Dismisses the remainder of the action;

3.Orders Mr Ioannis Terezakis to bear one half of his own costs;

4.Orders the Commission to bear its own costs and pay one half of the costs incurred by Mr Terezakis.