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(Case C-554/11 P)
(2012/C 25/60)
Language of the case: German
Appellant: Internationaler Hilfsfonds eV (represented by: H. Kaltenecker, Rechtsanwalt)
Other party to the proceedings: European Commission
The appellant claims that the Court should:
(a)set aside the order of 21 September 2011 and refer the case back to the General Court, directing it to carry out a new assessment after delivery of the judgment in Case T-300/10;
in the alternative, rule on the case itself;
(b)order the Commission to pay the costs which arose out of the interlocutory proceedings to which the order under appeal relates and the costs of the appeal.
The appeal is against the order of the General Court of 21 September 2011 in Case T-141/05 RENV, by which that Court held that there was no longer any need to adjudicate on proceedings which the appellant and applicant at first instance had brought against a decision of the Commission in 2005. The original action was directed against the Commission’s refusal to grant the appellant full access to the file in respect of the contract LIEN 97-2011.
By the appeal the appellant criticises the order of the General Court on the grounds of incorrect application of the rules of procedure, in particular the inadequate coordination of the proceedings in Cases T-36/10 and T-141/05 RENV, by which its interests were, according to the appellant, seriously undermined. In addition, the General Court made an incorrect decision on costs to the appellant’s disadvantage.
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