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Case T-403/05: Judgment of the Court of First Instance of 9 September 2008 — MyTravel v Commission (Access to documents — Regulation (EC) No 1049/2001 — Refusal to grant access — Exception relating to the protection of the decision-making process — Exception relating to the protection of investigations and audits — Exception relating to the protection of legal advice — Documents relating to decisions of the Commission in the area of concentrations)
ECLI:EU:UNKNOWN:62005TA0403
62005TA0403
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Valentina R., lawyer
25.10.2008
Official Journal of the European Union
C 272/18
(Case T-403/05)
(Access to documents - Regulation (EC) No 1049/2001 - Refusal to grant access - Exception relating to the protection of the decision-making process - Exception relating to the protection of investigations and audits - Exception relating to the protection of legal advice - Documents relating to decisions of the Commission in the area of concentrations)
(2008/C 272/33)
Language of the case: English
Parties
Applicant: MyTravel Group plc (Rochdale, Lancashire, United Kingdom) (represented by: D. Pannick, QC, A. Lewis, Barrister, M. Nicholson, S. Cardell and B. McKenna, Solicitors)
Defendant: Commission of the European Communities (represented by: P. Hellström and P. Costa de Oliveira, and subsequently by X. Lewis and P. Costa de Oliveira, Agents)
Re:
ACTION for the annulment of the Commission's decisions of 5 September 2005 (D(2005) 8461) and 12 October 2005 (D(2005) 9763), refusing to grant the applicant access to certain preparatory documents for the Commission Decision 2000/276/EC of 22 September 1999 declaring a concentration to be incompatible with the common market and the EEA Agreement (Case No IV/M. 1524 Airtours/First Choice), and to documents drafted by the Commission services in consequence of the annulment of that decision by judgment of the Court of First Instance of 6 June 2002 in Case T-342/99 [2002] ECR II-2585.
Operative part of the judgment
The Court:
1.Annuls the decision of the Commission of 5 September 2005 (D(2005) 8461) in so far as it refuses access to a working document entitled ‘Minutes from the conversation of a member of the case team in Case M.1524 Airtours/First Choice on the Airtours case conducted on 24 June 2002’;
2.Dismisses the action as to the remainder;
3.Orders MyTravel Group plc to bear nine-tenths of its own costs and nine-tenths of the costs incurred by the Commission;
4.Orders the Commission to bear one-tenth of its own costs and one-tenth of the costs incurred by MyTravel Group.
(<span class="super">1</span> OJ C 10, 14.1.2006)
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