EN

Official Journal of the European Union

C 32/37

(Case T-474/08)

(2009/C 32/73)

Language of the case: German

Parties

Applicant: Dieter C. Umbach (represented by: M. Stephani, lawyer)

Defendant: Commission of the European Communities

Form of order sought

—Annulment of the defendant's decision (reference: SG.E.3/MV/psi D(2008) 6991) of 2 September 2008.

Pleas in law and main arguments

The applicant has brought an action against the Commission decision by which that institution refused full and unrestricted access to documents connected with a TACIS programme and a TACIS contract to which the applicant was a party. The applicant claims that access to the documents in question is essential for his defence in the action filed by the Commission against him, following termination of the TACIS contract, for reimbursement of the monies paid in advance.

In support of his action the applicant claims, first, that general principles of Community law have been infringed, in particular the right to sound administration and the right to due process, because he, as a concerned party, must be given the possibility to obtain full and unfettered access to documents necessary for his defence and subsequent vindication of his own claims against the Commission.

The applicant also claims, secondly, that a right to full and unfettered access to the files arises from Regulation (EC) No 1049/2001 (1), inasmuch as the Commission erred, in particular, in the exercise of its discretionary powers under Articles 4 and 9 of that regulation.

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(1) 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).