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Case T-727/15: Judgment of the General Court of 23 January 2017 — Justice & Environment v Commission (Access to documents — Regulation (EC) No 1049/2001 — Documents relating to an infringement procedure opened by the Commission against the Czech Republic — Refusal of access — Exception concerning the protection of inspections, investigations and audits — General presumption — Overriding public interest — Aarhus Convention — European Convention for the Protection of Human Rights and Fundamental Freedoms)

ECLI:EU:UNKNOWN:62015TA0727

62015TA0727

January 23, 2017
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6.3.2017

Official Journal of the European Union

C 70/18

(Case T-727/15) (<span class="super note-tag">1</span>)

((Access to documents - Regulation (EC) No 1049/2001 - Documents relating to an infringement procedure opened by the Commission against the Czech Republic - Refusal of access - Exception concerning the protection of inspections, investigations and audits - General presumption - Overriding public interest - Aarhus Convention - European Convention for the Protection of Human Rights and Fundamental Freedoms))

(2017/C 070/25)

Language of the case: English

Parties

Applicant: Association Justice & Environment, z.s. (Brno, Czech Republic) (represented by: S. Podskalská, lawyer)

Defendant: European Commission (represented by: L. Pignataro-Nolin, F. Clotuche-Duvieusart and M. Konstantinidis, acting as Agents)

Re:

Application pursuant to Article 263 TFEU seeking the annulment of the initial Commission decision of 19 August 2015 and the confirmatory Commission decision of 15 October 2015 refusing to grant the applicant access to certain documents contained in the file of the infringement procedure 2008/2186 against the Czech Republic and regarding the application of Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe (OJ 2008 L 152, p. 1).

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Association Justice & Environment, z.s., to pay the costs.

(<span class="note">1</span>) OJ C 59, 15.2.2016.

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