Official Journal of the European Union

C 129/14

(Case T-301/10)(1)

(Access to documents - Regulation (EC) No 1049/2001 - Documents relating to the draft international Anti-Counterfeiting Trade Agreement (ACTA) - Negotiating documents - Refusal to grant access - Exception relating to the protection of the public interest with regard to international relations - Manifest error of assessment - Proportionality - Obligation to state reasons)

2013/C 129/26

Language of the case: English

Parties

Applicant: Sophie in ‘t Veld (Brussels, Belgium) (represented by: O.W. Brouwer and J. Blockx, lawyers)

Defendant: European Commission (represented initially by: C. Hermes and C. ten Dam, and subsequently by: Mr Hermes and F. Clotuche-Duvieusart, acting as Agents)

Re:

Application, initially, for partial annulment of the Commission Decision of 4 May 2010, reference SG.E.3/HP/psi — Ares(2010)234950, in so far as it refused access to certain documents relating to the draft international Anti-Counterfeiting Trade Agreement (ACTA).

Operative part of the judgment

The Court:

1.Annuls Commission Decision of 4 May 2010, reference SG.E.3/HP/psi — Ares(2010)234950, in so far as it refuses to grant access to documents 21 and 25 of the list annexed to that decision and to the following redactions made on other documents of that list:

—document 45, page 2, under the heading ‘Participants’, second paragraph, last sentence;

—document 47, page 1, under ‘Participants’ second paragraph, last sentence;

—document 47, page 2, under ‘1. Digital Environment (including Internet)’, second paragraph, last sentence;

—document 48, page 2, the paragraph under Section 4, end of sentence.

2.Dismisses the remainder of the action.

3.Orders Sophie in ‘t Veld to bear half of her own costs and half of the costs of the European Commission.

4.Orders the Commission to bear half of its costs and half of Ms in ‘t Veld’s costs.

(1) OJ C 260, 25.9.2010.