15.8.2009

EN

Official Journal of the European Union

C 193/32

(Case T-251/09)

2009/C 193/50

Language of the case: French

Parties

Applicant: Société des Pétroles Shell (Colombes, France) (represented by: P. Hubert, lawyer)

Defendant: Commission of the European Communities

Form of order sought

—Annul, in its entirety or in part, the implied negative response of the Commission of 9 May 2009 to the request for access to documents held by the Commission (reference GESTDEM 372/2009) and draw all the appropriate conclusions therefrom with regard to the applicant’s access to the documents requested;

—In the alternative, should the Court consider it a decision, annul, in its entirety or in part, the letter of 7 May 2009 from the Secretariat General of the Commission stating that it is not possible to reply to the applicant’s request for access to the Commission documents (reference GESTEDEM 372/2009) and draw all the appropriate conclusions therefrom with regard to the applicant’s access to the documents requested;

—Order the Commission to pay all the costs.

Pleas in law and main arguments

By the present action, the applicant seeks annulment of the implied decision of the Commission refusing it access to all the correspondence, relating to the enquiry into practices on the jet fuel supply market in La Réunion, held by the Commission or exchanged by the Commission and the French competition authority, in particular under Article 11(4) of Regulation No 1/2003. In the alternative, should the Court consider it an express decision of refusal, the applicant seeks annulment of the letter of the Secretariat General which states that the Commission is not in a position to reply to the request made by the applicant for access to the documents.

In support of its action, the applicant raises pleas in law identical or similar to those raised in Case T-245/09 Shell Hellas v Commission.