13.3.2010

Official Journal of the European Union

C 63/9

(Case C-362/08 P) (<span class="super">1</span>)

(Appeal - Access to documents of the institutions - Regulation (EC) No 1049/2001 - Action for annulment - Notion of ‘measure open to challenge’ for the purposes of Article 230 EC)

2010/C 63/14

Language of the case: German

Parties

Appellant: Internationaler Hilfsfonds eV (represented by: H. Kaltenecker and R. Karpenstein, Rechtsanwälte)

Other party to the proceedings: European Commission (represented by: P. Costa de Oliveira, S. Fries and by T. Scharf, Agents)

Re:

Appeal brought against the judgment delivered by the Court of First Instance (Fifth Chamber) on 5 June 2008 in Case T-141/05 Internationaler Hilfsfonds v Commission, by which the Court of First Instance dismissed as inadmissible the action for annulment of the decision allegedly contained in the Commission’s letter of 14 February 2005 refusing to grant the appellant access to certain documents relating to Contract LIEN 97-2011 concerning the co-financing of a medical aid programme organised in Kazakhstan — Inadmissibility of an action for annulment brought against a measure that merely confirms an earlier decision not contested within the time-limit for initiating proceedings — Wrong classification of the contested measure — Inadmissibility of an action for annulment brought against a measure constituting an initial response, for the purposes of Article 7(1) of Regulation No 1049/2001 — Wrong interpretation of Article 7(2) of Regulation No 1049/2001

Operative part of the judgment

The Court:

1.Sets aside the judgment of the Court of First Instance of 5 June 2008 in Case T-141/05 Internationaler Hilfsfonds v Commission;

2.Rejects the plea of inadmissibility raised by the Commission of the European Communities before the Court of First Instance of the European Communities;

3.Refers the case back to the General Court of the European Union for judgment on the claims of Internationaler Hilfsfonds eV seeking annulment of the decision of the Commission of the European Communities of 14 February 2005 refusing it access to certain documents in the Commission’s possession;

4.Orders the European Commission to pay the costs of the present proceedings and those arising at first instance relating to the plea of inadmissibility;

5.Orders the costs to be reserved as to the remainder.

(<span class="super">1</span>) OJ C 272, 25.10.2008.