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Case T-154/21: Order of the General Court of 6 April 2022 — Saure v Commission (Action for annulment — Access to documents — Regulation (EC) No 1049/2001 — Confirmatory application made prematurely — Article 7 of Regulation No 1049/2001 — No challengeable act — Express refusal to grant access — Modification of the application — Manifest inadmissibility)
ECLI:EU:UNKNOWN:62021TB0154
62021TB0154
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11.7.2022
Official Journal of the European Union
C 266/26
(Case T-154/21) (<span class="oj-super oj-note-tag">1</span>)
(Action for annulment - Access to documents - Regulation (EC) No 1049/2001 - Confirmatory application made prematurely - Article 7 of Regulation No 1049/2001 - No challengeable act - Express refusal to grant access - Modification of the application - Manifest inadmissibility)
(2022/C 266/30)
Language of the case: German
Parties
Applicant: Hans-Wilhelm Saure (Berlin, Germany) (represented by: C. Partsch, lawyer)
Defendant: European Commission (represented by: A. Spina, K. Herrmann and G. Gattinara, acting as Agents)
Re:
By his action under Article 263 TFEU, the applicant seeks annulment of the alleged decision refusing him access to certain documents, which decision arose implicitly on 19 March 2021 in the absence of a response from the European Commission within the time period prescribed to his confirmatory application and, following the modification of the form of order sought, annulment of the express decision of the Commission of 9 June 2021, by way of which it partially refused to grant the applicant access to certain documents.
Operative part of the order
1.The action is dismissed as manifestly inadmissible.
2.Mr Hans-Wilhelm Saure is ordered to bear his own costs and pay those incurred by the European Commission in relation to the request to modify the application, and the Commission is ordered to bear its own costs relating to the application.
(<span class="oj-super">1</span>) OJ C 189, 17.5.2021.