18.7.2009

EN

Official Journal of the European Union

C 167/15

(Case T-173/09)

2009/C 167/30

Language of the case: German

Parties

Applicant: Z (Hannover, Germany) (represented by: C. Grau and N. Jäger, lawyers)

Defendant: Commission of the European Communities

Forms of order sought

—Grant the applicant, through acces to the file in Case COMP/39406 — ‘Marine Hoses’ — in particular through the provision of a copy of the Commission Decision of 28 January 2009, which imposed a fine on Dunlop Oil & Marine/ContiTech AG/Continental AG for their alleged participation in the marine hoses cartel between 1986 and 2007, information about whether it is identified by name in that decision and — if so — in what context the identification of the applicant takes place, in particular the extent to which relevant cartel- or criminal law representations relating to the applicant are included in the Commission decision;

—Remove, after the granting of access to the file, any references, yet to be defined, identifying the applicant by name, in particular relevant cartel- and criminal law representations relating to the applicant in the Commission Decision of 28 January 2009, which imposed a fine on Dunlop Oil & Marine/ContiTech AG/Continental AG for their alleged participation in the marine hoses cartel between 1986 and 2007;

—Remove the identification by name of the applicant and any references to the applicant in the version of the decision to be published;

—Order the defendant to pay the costs.

Pleas in law and main arguments

The applicant contests the Commission’s refusal of 5 March 2009 to grant it access to the documents on the file in Case COMP/39.406 — ‘Marine Hoses’. The applicant also requests the removal of possible references to itself in the Commission decision of 28 January 2009 in this case and the removal of references to itself in the version of the decision to be published.

The applicant asserts in support of the action that the right to be granted access to the file and the removal of any references to the applicant are based on the infringement of the applicant’s fundamental procedural rights, namely the right to a fair hearing and the right of access to the file, and on the principle of the presumption of innocence. A right of access to the file is based also on the right of public access to Commission documents under Regulation (EC) No 1049/2001 (1).

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).