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Case T-264/15: Judgment of the General Court of 28 April 2017 — Gameart v Commission (Access to documents — Regulation (EC) No 1049/2001 — Documents relating to a procedure for failure to fulfil obligations — Documents drawn up by a Member State — Request for access to documents made to the Member State — Request forwarded to the Commission — Refusal of access — Competence of the Commission — Document originating from an institution — Article 5 of Regulation (EC) No 1049/2001)
ECLI:EU:UNKNOWN:62015TA0264
62015TA0264
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19.6.2017
Official Journal of the European Union
C 195/18
(Case T-264/15) (<span class="super note-tag">1</span>)
((Access to documents - Regulation (EC) No 1049/2001 - Documents relating to a procedure for failure to fulfil obligations - Documents drawn up by a Member State - Request for access to documents made to the Member State - Request forwarded to the Commission - Refusal of access - Competence of the Commission - Document originating from an institution - Article 5 of Regulation (EC) No 1049/2001))
(2017/C 195/24)
Language of the case: Polish
Parties
Applicant: Gameart sp. z o.o. (Bielsko-Biała, Poland) (represented by: P. Hoffman, lawyer)
Defendant: European Commission (represented by: J. Hottiaux, A. Buchet and M. Konstantinidis, acting as Agents)
Interveners in support of the defendant: Republic of Poland (represented by: B. Majczyna, M. Kamejsza and M. Pawlicka, acting as Agents), European Parliament (represented by: D. Warin and A. Pospíšilová Padowska, acting as Agents) and Council of the European Union (represented initially by J.-B. Laignelot, K. Pleśniak and E. Rebasti, and subsequently by J.-B. Laignelot and E. Rebasti, acting as Agents)
Re:
Action under Article 263 TFEU for annulment of the decision of the Commission of 18 February 2015 in so far as it refused the request for access to documents drawn up by the Republic of Poland, a request which was forwarded to it by the Republic of Poland on the basis of the second paragraph of Article 5 of 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.
Operative part of the judgment
The Court:
1.Annuls the decision of the European Commission of 18 February 2015 in so far as it refused a request for access to documents drawn up by the Republic of Poland, a request which was forwarded to it by the Republic of Poland on the basis of the second paragraph of Article 5 of 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;
2.Orders the Commission to pay the costs;
3.Orders the Republic of Poland, the Council of the European Union and the European Parliament to bear their own costs.
(<span class="note">1</span>) OJ C 254, 3.8.2015.