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Case T-59/09: Judgment of the General Court of 14 February 2012 — Germany v Commission (Access to documents — Regulation (EC) No 1049/2001 — Documents relating to an infringement procedure which has been closed — Documents originating from a Member State — Grant of access — Prior agreement of the Member State)

ECLI:EU:UNKNOWN:62009TA0059

62009TA0059

February 14, 2012
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24.3.2012

Official Journal of the European Union

C 89/20

(Case T-59/09)(1)

(Access to documents - Regulation (EC) No 1049/2001 - Documents relating to an infringement procedure which has been closed - Documents originating from a Member State - Grant of access - Prior agreement of the Member State)

2012/C 89/32

Language of the case: German

Parties

Applicant: Federal Republic of Germany (represented by: M. Lumma, B. Klein and A. Wiedmann, Agents)

Defendant: European Commission (represented by: B. Smulders, P. Costa de Oliveira and F. Hoffmeister, Agents)

Interveners in support of the applicant: Kingdom of Spain (represented: initially by M. Muñoz Pérez, and subsequently by S. Centeno Huerta, Agents); and Republic of Poland (represented: initially by M. Dowgielewicz, and subsequently by M. Szpunar and B. Majczyna, Agents)

Interveners in support of the defendant: Kingdom of Denmark (represented: initially by J. Bering Liisberg and B. Weis Fogh, and subsequently by S. Juul Jørgensen and C. Vang, Agents); Republic of Finland (represented by: J. Heliskoski, Agent); and Kingdom of Sweden (represented by: K. Petkovska, A. Falk and S. Johannesson, Agents)

Re:

Application for annulment of Commission Decision SG.E.3/RG/mbp D(2008) 10067 of 5 December 2008 granting some citizens access to certain documents submitted by the Federal Republic of Germany in infringement procedure No 2005/4569.

Operative part of the judgment

The Court:

1.Dismisses the action.

2.Orders the Federal Republic of Germany to bear its own costs and those of the European Commission.

3.Orders the Kingdom of Denmark, the Kingdom of Spain, the Republic of Finland, the Republic of Poland and the Kingdom of Sweden to bear their own costs.

(1)

OJ C 113, 16.5.2009.

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