Official Journal of the European Union

C 272/42

(Case T-344/08)

(2008/C 272/83)

Language of the case: German

Parties

Applicant: EnBW Energie Baden-Württemberg AG (Karlsruhe, Germany) (represented by: A. Bach and A. Hahn, lawyers)

Defendant: Commission of the European Communities

Form of order sought

—Annul Commission Decision D(2008) 4931 of 16 June 2008 concerning a request for access to the administrative files in Case COMP/F/38.899 (Gas insulated switchgear);

—in the alternative, annul Commission Decision D(2008) 4931 of 16 June 2008 concerning a request for access to the administrative files in Case COMP/F/38.899 (Gas insulated switchgear) in so far as the Commission also refused the applicant partial access to the documents on the file;

—order the Commission to pay the costs.

Pleas in law and main arguments

The applicant objects to the Commission's decision of 16 June 2008 rejecting the applicant's second request for access to documents on the Commission's file in Case COMP/F/38.899 — Gas insulated switchgear.

The applicant advances three pleas in support of its application.

First of all, the applicant alleges an infringement of the first and third indents of Article 4(2) of Regulation (EC) No 1049/2001 (1), since the exceptions laid down in those provisions were misinterpreted or misapplied. Further, the applicant claims that the Commission infringed the last clause of Article 4(2) of Regulation No 1049/2001, since it wrongly denied that the applicant has an overriding public interest in access to the file in Case COMP/F/38.899. Finally, the applicant submits that there was an infringement of Article 4(6) of Regulation No 1049/2001, since the applicant ought to have been allowed to consult at least part of the documentation included in the file in Case COMP/F/38.899.

(1) 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).