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Case T-104/23: Action brought on 21 February 2023 — PAN Europe v Commission
ECLI:EU:UNKNOWN:62023TN0104
62023TN0104
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22.5.2023
EN
Official Journal of the European Union
C 179/57
(Case T-104/23)
(2023/C 179/82)
Language of the case: English
Parties
Applicant: Pesticide Action Network Europe (PAN Europe) (Brussels, Belgium) (represented by: A. Bailleux, lawyer)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
—annul the Commission’s decision, dated 12 December 2022 and notified to the applicant on 13 December 2022, to partially reject a confirmatory application lodged in accordance with Article 7(2) of Regulation (EC) No 1049/2001 of the European Parliament and of the Council; (1)
—order the Commission to bear the costs of the proceedings.
Pleas in law and main arguments
In support of the action, the applicant relies on a single plea in law, alleging that the Commission decision breaches:
—Article 2(1), Article 4(2), second indent, and Article 4(3), second subparagraph, of Regulation No 1049/2001; and
—Article 6(1) of Regulation (EC) No 1367/2006 of the European Parliament and of the Council. (2)
More specifically, the Commission decision must be annulled to the extent that it refuses access to documents based on an unlawful application of the exceptions relating to the protection of court proceedings [Article 4(2), second indent, of Regulation No 1049/2001] and of the decision-making process [Article 4(3), second subparagraph, of Regulation No 1049/2001].
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).
Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (OJ 2006 L 264, p. 13).