21.11.2016

EN

Official Journal of the European Union

C 428/18

(Case T-653/16)

(2016/C 428/20)

Language of the case: English

Parties

Applicant: Republic of Malta (represented by: A. Buhagiar, agent)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—annul the Commission’s decision dated 13 July 2016, delivered pursuant to Regulation (EC) No 1049/2001, relating to a request for access to documents registered under the reference GESTDEM 2015/5711;

—order the Commission to pay the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on four pleas in law.

1.First plea in law, alleging a failure to abide by the procedural time-limits stipulated in Regulation No 1049/2001;

2.Second plea in law, alleging the wrongful treatment of a request for access to documents as a fresh application;

3.Third plea in law, alleging the unlawful extension of the scope of the application for access to documents at the confirmatory stage;

4.Fourth plea in law, alleging the inclusion by the defendant in the contested decision of documents for release to a third party whose disclosure would breach Article 113 of Regulation No 1224/2009.

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.

Council Regulation No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006, OJ 2009 L 343, p. 1.

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