25.2.2012

Official Journal of the European Union

C 58/2

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(Case C-514/11 P)

2012/C 58/02

Language of the case: Portuguese

Parties

Appellant: Liga para a Protecção da Natureza (LPN) (represented by: P. Vinagre e Silva, advogada)

Other parties to the proceedings: European Commission, Kingdom of Denmark, Republic of Finland, Kingdom of Sweden

Form of order sought

—Set aside in part the judgment of the General Court, delivered on 9 September 2011 in Case T-29/08, in so far as it:

1.dismisses the claims of the appellant, LPN, (without annulling the Commission decision of 22 November 2007);

2.orders LPN to bear its own costs and to pay the costs incurred by the Commission;

since, in both cases, the General Court makes various errors of assessment which vitiate its judgment.

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—Uphold the claims of the appellant, annulling the Commission decision of 22 November 2007 in so far as it relates to the documents and parts of documents to which it continued to be denied access by the decision of 24 October 2008.

—Order the Commission to bear its own costs and pay the costs incurred by the appellant at first and second instance.

Pleas in law and main arguments

The judgment of the General Court dismissed the action brought by LPN against the Commission decision of 22 November 2007, in so far as it relates to the documents and parts of documents to which the appellant continued to be denied access by the decision of 24 October 2008.

The contested decision must be annulled on the grounds of the following errors of law:

(i)Misinterpretation of Article 6(1) of Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies; (1)

(ii)Misinterpretation of Article 4 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; (2)

Error of assessment in the apportionment of the costs of the proceedings.

Consequently, the form of order sought by the appellant at first instance should be granted, and the Commission decision of 22 November 2007 annulled, in so far as it relates to the documents and parts of documents to which the appellant continued to be denied access by the decision of 24 October 2008.

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(1) OJ 2006 L 264, p. 13.

(2) OJ 2001 L 145, p. 43.

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