29.1.2011

EN

Official Journal of the European Union

C 30/43

(Case T-532/10)

()

2011/C 30/79

Language of the case: Italian

Parties

Applicant: Cosepuri Soc. coop. p.a. (Bologna, Italy) (represented by: F. Fiorenza, lawyer)

Defendant: European Food Safety Authority (EFSA)

Form of order sought

—Annul the refusal dated 15 September 2010 denying Cosepuri access to the documents;

—Order EFSA to produce the classified documents;

—Order EFSA to pay the costs.

Pleas in law and main arguments

The applicant in the present proceedings, also the applicant in Case T-339/10 Cosepuri v EFSA, challenges the decision of the European Food Safety Authority (EFSA) of 15 September 2010 relating to tendering procedure CFT/EFSA/FIN/2010/01 (contract notice 2010/S 51-074689) for the award of a shuttle service contract in Italy and Europe, in which the contract was awarded to another company.

By the contested decision, EFSA refused access to certain documents in the tendering procedure and in particular to documents concerning the requirements for admission and the selection of the most economically advantageous tender.

In support of its claims, the applicant alleges infringement of the relevant provisions of Council Regulation (EC) No 1605/2002 of 25 June 2002 and of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001, as well as breach of the duty to state reasons, the principle of transparency and the right of access to documents. Lastly, the applicant alleges misuse of powers.

The applicant complains, in particular, that the defendant failed to state the actual damage that the successful tenderer would suffer if access were granted to the documents requested, and that adequate reasons were not given for the partial refusal of the request, since, in the context of the tendering procedure, the information in question was comparative, included in the documents made available by the tenderers for that procedure, and accordingly outside the scope of confidential business information. In addition, the applicant requests that the present proceedings be joined with Case T-339/10 currently pending before the General Court.

(1)

OJ 2010 C 288, p. 47.

(2)

Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ 2002 L 248, p. 1).

(3)

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).