Official Journal of the European Union

EN

C series

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C/2024/5111

26.8.2024

(Case T-337/24)

(C/2024/5111)

Language of the case: Polish

Parties

Applicant: Smart Kid S.A. (Warsaw, Poland) (represented by: Z. Kiedacz, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—annul European Commission Decision C(2024)2776 of 21 April 2024 adopted in the case examined by the European Commission under reference EASE 2023/1163 in so far as it has the effect of refusing in part to make available to the applicant documents to which the applicant requested access;

—order the European Commission to pay the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law, alleging an infringement by the Commission of Article 15(3) TFEU and Article 42 of the Charter of Fundamental Rights in conjunction with Article 1, Article 2 and the third indent of Article 4(1) of European Parliament and Council Regulation No 1049/2001. (1)

—Article 15(3) TFEU and Article 42 of the Charter of Fundamental Rights in conjunction with Articles 1 and 2 of Regulation No 1049/2001 provide for the general right of any legal person having its registered office in a Member State to have access to documents of the bodies of the European Union, subject to the general principles and limits governing the exercise of that right, as set out in Regulation No 1049/2001. The European Commission infringed that right by unjustifiably and improperly applying the exception laid down in the third indent of Article 4(1) of Regulation No 1049/2001, that is to say, by incorrectly invoking the protection of international relations.

(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).

ELI: http://data.europa.eu/eli/C/2024/5111/oj

ISSN 1977-091X (electronic edition)

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