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Case T-152/17: Judgment of the General Court of 5 December 2018 — Sumner v Commission (Access to documents — Regulation (EC) No 1049/2001 — Documents concerning an infringement procedure brought by the Commission against Ireland — Refusal of access — Exception concerning the protection of inspections, investigations and audits — General presumption — Overriding public interest)

ECLI:EU:UNKNOWN:62017TA0152

62017TA0152

December 5, 2018
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Official Journal of the European Union

C 44/28

(Case T-152/17) (<span class="super note-tag">1</span>)

((Access to documents - Regulation (EC) No 1049/2001 - Documents concerning an infringement procedure brought by the Commission against Ireland - Refusal of access - Exception concerning the protection of inspections, investigations and audits - General presumption - Overriding public interest))

(2019/C 44/36)

Language of the case: English

Parties

Applicant: Loreto Sumner (Leixlip, Ireland) (represented by: J. MacGuill and E. Martin-Vignerte, Solicitors)

Defendant: European Commission (represented by: C. Ehrbar and M. Konstantinidis, acting as Agents)

Intervener in support of the defendant: Ireland (represented initially by: A. Joyce and L. Williams and subsequently by A. Joyce, M. Browne and G. Hodge, acting as Agents, and by A. Carroll, Barrister-at-Law)

Re:

Application under Article 263 TFEU for annulment of Commission Decision C(2017) 247 final of 13 January 2017 refusing access to documents relating to infringement procedure 2014/4131 brought against Ireland regarding the application of Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ 2003 L 299, p. 9).

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Ms Loreto Sumner to pay the costs;

3.Orders Ireland to bear its own costs.

(<span class="note"> <a id="ntr1-C_2019044EN.01002802-E0001" href="#ntc1-C_2019044EN.01002802-E0001">*1</a> </span>) OJ C 144, 8.5.2017.

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