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Case T-74/16: Judgment of the General Court of (Ninth Chamber) of 8 February 2018 — POA v European Commission (Access to documents — Regulation (EC) No 1049/2001 — Documents concerning an application for the registration of a name under Regulation (EU) No 1151/2012 — Documents originating from the Commission — Documents originating from a Member State — Article 4(5) of Regulation No 1049/2001 — Refusal to grant access — Obligation to state reasons — Exception relating to the protection of the decision-making process — Exception relating to the protection of court proceedings — Extent of review by the institution and the EU Courts of the Member State’s grounds for objection)
ECLI:EU:UNKNOWN:62016TA0074
62016TA0074
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26.3.2018
Official Journal of the European Union
C 112/29
(Case T-74/16)
(Access to documents - Regulation (EC) No 1049/2001 - Documents concerning an application for the registration of a name under Regulation (EU) No 1151/2012 - Documents originating from the Commission - Documents originating from a Member State - Article 4(5) of Regulation No 1049/2001 - Refusal to grant access - Obligation to state reasons - Exception relating to the protection of the decision-making process - Exception relating to the protection of court proceedings - Extent of review by the institution and the EU Courts of the Member State’s grounds for objection)
(2018/C 112/37)
Language of the case: English
Parties
Applicant: Pagkyprios organismos ageladotrofon (POA) Dimosia Ltd (Latsia, Cyprus) (represented by: N. Korogiannakis, lawyer)
Defendant: European Commission (represented by: J. Baquero Cruz and F. Clotuche-Duvieusart, acting as Agents)
Re:
Action brought under Article 263 TFEU, seeking annulment of the decision Ares(2015) 5632670 of the Secretary-General of the Commission of 7 December 2015 rejecting the confirmatory application made by letter of 15 September 2015, in which the applicant sought, pursuant to 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), access to documents relating, first, to the application for registration CY/PDO/0005/01243 of ‘Halloumi’ as a protected designation of origin (PDO), in accordance with Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ 2012 L 343, p. 1), and, second, to the earlier application for registration CY/PDO/0005/00766 of ‘Halloumi’ as a PDO.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Pagkyprios organismos ageladotrofon (POA) Dimosia Ltd to bear its own costs and to pay those incurred by the European Commission.
(1) OJ C 145, 25.4.2016.
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