23.6.2012

Official Journal of the European Union

C 184/9

(Case T-529/09) (<span class="super">1</span>)

(Access to documents - Regulation (EC) No 1049/2001 - Opinion of the Council’s Legal Service on a recommendation from the Commission to authorise the opening of negotiations for an international agreement - Partial refusal to grant access - Exception relating to the protection of the public interest in the field of international relations - Exception relating to the protection of legal advice - Specific and foreseeable threat to the interest in question - Overriding public interest)

2012/C 184/14

Language of the case: English

Parties

Applicant: Sophie in ’t Veld (Brussels (Belgium)) (represented by: O. Brouwer and J. Blockx, lawyers)

Defendant: Council of the European Union (represented by: initially by M. Bauer, C. Fekete and O. Petersen, and subsequently by M. Bauer and C. Fekete, acting as Agents)

Intervener in support of the defendant: European Commission, (represented by: C. O’Reilly and P. Costa de Oliveira, acting as Agents)

Re:

Application for annulment of the Council’s decision of 29 October 2009 refusing full access to document 11897/09 of 9 July 2009 containing an opinion of the Council’s Legal Service entitled ‘Recommendation from the Commission to the Council to authorise the opening of negotiations between the European Union and the United States of America for an international agreement to make available to the United States Treasury Department financial messaging data to prevent and combat terrorism and terrorist financing — Legal basis’.

Operative part of the judgment

The Court:

1.Annuls the Council’s decision of 29 October 2009 insofar as it refuses access to the undisclosed parts of document 11897/09 other than those which concern the specific content of the envisaged agreement or the negotiating directives;

2.Dismisses the action as to the remainder;

3.Orders each party to bear its own costs.

(<span class="super">1</span>) OJ C 80, 27.3.2010.