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Case T-141/05: Action brought on 11 April 2005 by the Internationaler Hilfsfonds e.V. against the Commission of the European Communities
ECLI:EU:UNKNOWN:62005TN0141
62005TN0141
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EN
Official Journal of the European Union
C 143/40
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(Case T-141/05)
(2005/C 143/75)
Language of the case: German
An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 11 April 2005 by Internationaler Hilfsfonds e.V., Rosbach v.d.H. (Germany), represented by H. Kaltenecker, lawyer.
The applicant claims that the Court of First Instance should:
—annul the decision of the Commission of 14 February 2005 by which it denied the applicant unrestricted access to the Commission's file in relation to Contract LIEN 97-2011;
—order the defendant to pay the costs of the proceedings and those of the applicant.
Pleas in law and main arguments
In the contested document the Commission denied the applicant unrestricted access to the European Commission's file relating to Contract LIEN 97-2011 by reference to Article 4(1)(b) and the second subparagraph of Article 4(3) of the Transparency Regulation (1) and to the Data Protection Regulation (2).
The applicant claims that the contested decision infringes Article 4(3) of the Transparency Regulation. The applicant is of the opinion that the reasons given by the European Commission for its refusal to grant unrestricted access to the file concerning Contract LIEN 97-2011, namely that unrestricted access to the file would impair the decision-making process, are invalid. The applicant further contends that there is public interest in the disclosure of the documents in question. The applicant also questions the applicability of Article 4(1)(b) of the Transparency Regulation.
The applicant complains furthermore of the refusal to grant unrestricted access to the file by reference to the Data Protection Regulation.
In addition, the applicant submits that the European Commission's action is arbitrary.
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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 2001 L 145, p. 43).
Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and on the free movement of such data (OJ 2001 L 8, p. 1).
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