(Case T-439/08)

Access to documents – Regulation (EC) No 1049/2001 – Documents relating to the award of a Jean Monnet Centre of Excellence to the University of Cyprus – Documents emanating from a third party – Partial refusal of access – Action for annulment – Time-limit for action – Inadmissibility – Objection of illegality – Exception relating to the protection of the privacy and integrity of the individual – Exception relating to the protection of commercial interests – Duty to give reasons

5. Actions for annulment – Actionable measures – Concept – Measures producing binding legal effects – Decision of the Education, Audiovisual and Culture Executive Agency (EACEA) partially to refuse access to Commission documents following a fresh application – Assessment as to whether that decision definitive or otherwise – Obligation to bring a fresh confirmatory application for access – None (European Parliament and Council Regulation No 1049/2001, Arts 4(1), (3) and (7), 6(1), 7 and 8(1)) (see paras 73-75, 78)

6. European Communities – Community institutions and bodies – Right of public access to documents – Regulation No 1049/2001 – Exceptions to the right of access to documents – Documents originating from third parties – Prior consultation of third parties concerned – Scope – Mandatory nature – None – Discretion of the institutions (European Parliament and Council Regulation No 1049/2001, Art. 4(4)) (see para. 95)

7. European Communities – Community institutions and bodies – Right of public access to documents – Regulation No 1049/2001 – Exceptions to the right of access to documents – Conditions – Restrictive interpretation – Principle of proportionality – Obligation on the institution or body to make a concrete and individual examination of documents – Possibility of granting partial access to documents (European Parliament and Council Regulation No 1049/2001, Arts 4(2), (3) and (6)) (see paras 105-108)

11. Acts of the institutions – Statement of reasons – Obligation – Scope (Art. 253 EC; European Parliament and Council Regulation No 1049/2001, Arts 4(1)(b), (2) and (3)) (see paras 146-150)

12. Actions for annulment – Time-limits – Point from which time starts to run – Measure not published and not notified to the applicant – Precise knowledge of the content and reasons – Duty to request the whole text of the decision within a reasonable time once its existence is known – Request formulated more than four months after existence of the contested decision became known – Unreasonable delay – Inadmissibility of the application (Art. 230, fifth para., EC) (see paras 157-161)

13. Procedure – Introduction of new pleas during the proceedings – Head of claim first raised at the reply stage – Inadmissibility (Rules of Procedure of the General Court, Art. 48(2)) (see paras 168-169)

Re:

ANNULMENT, firstly, of the decision of the EACEA of 1 August 2008, concerning a request for access to certain documents relating to the award of a Jean Monnet Centre of Excellence to the University of Cyprus and, secondly, of Commission Decision C(2007) 3749 of 8 August 2007 relating to an individual decision to award a subsidy within the framework of the Lifelong Learning Programme, Jean Monnet sub-programme.

Operative part

The Court:

1.Dismisses the action;

2.Orders Ms Kalliope Agapiou Joséphidès to pay the costs.