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Case T-77/22: Judgment of the General Court of 15 February 2023 — Asesores Comunitarios v Commission (Access to documents — Regulation (EC) No 1049/2001 — Documents relating to the recovery and resilience plan submitted by a Member State to the Commission — Documents originating from a Member State — Refusal to grant access — Exception relating to the financial, monetary or economic policy of the European Union or of a Member State)
ECLI:EU:UNKNOWN:62022TA0077
62022TA0077
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11.4.2023
Official Journal of the European Union
C 127/36
(Case T-77/22) (<span class="oj-super oj-note-tag">1</span>)
(Access to documents - Regulation (EC) No 1049/2001 - Documents relating to the recovery and resilience plan submitted by a Member State to the Commission - Documents originating from a Member State - Refusal to grant access - Exception relating to the financial, monetary or economic policy of the European Union or of a Member State)
(2023/C 127/44)
Language of the case: English
Parties
Applicant: Asesores Comunitarios, SL (Madrid, Spain) (represented by: J. Monrabà Bagan, lawyer)
Defendant: European Commission (represented by: A. Spina, T. Adamopoulos and M. Burón Pérez, acting as Agents)
Intervener in support of the defendant: Kingdom of Spain (represented by: A. Gavela Llopis and L. Aguilera Ruiz, acting as Agents)
Re:
By its action under Article 263 TFEU, the applicant seeks annulment of the decision of the European Commission of 3 December 2021 refusing it access to certain documents originating from the Kingdom of Spain, requested under 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).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Asesores Comunitarios, SL to bear its own costs and to pay those incurred by the European Commission;
3.Orders the Kingdom of Spain to bear its own costs.
(<span class="oj-super">1</span>) OJ C 138, 28.3.2022.
ECLI:EU:C:2023:140