EUR-Lex & EU Commission AI-Powered Semantic Search Engine
Modern Legal
  • Query in any language with multilingual search
  • Access EUR-Lex and EU Commission case law
  • See relevant paragraphs highlighted instantly
Start free trial

Similar Documents

Explore similar documents to your case.

We Found Similar Cases for You

Sign up for free to view them and see the most relevant paragraphs highlighted.

Case T-643/13: Action brought on 3 December 2013 — Rogesa v Commission

ECLI:EU:UNKNOWN:62013TN0643

62013TN0643

December 3, 2013
With Google you find a lot.
With us you find everything. Try it now!

I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!

Valentina R., lawyer

15.2.2014

EN

Official Journal of the European Union

C 45/39

(Case T-643/13)

2014/C 45/69

Language of the case: German

Parties

Applicant: Rogesa Roheisengesellschaft Saar mbH (Dillingen, Germany) (represented by: S. Altenschmidt and P. Schütter, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

annul the Commission’s decision of 25 September 2013 (Ref GestDem No 2013/1504), and

order the Commission to pay the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on the following pleas in law.

1.Right of access to the contested documents and lack of grounds for refusal under Article 4 of Regulation (EC) No 1049/2001 (1)

The applicant claims that the contested decision infringes Article 3(1) of Regulation No 1367/2006 (2) and Article 2(1) of Regulation No 1049/2001, as it has a right of access to the documents requested by it and grounds for refusing access do not exist.

The applicant maintains that the requested documents do not contain commercially sensitive data within the meaning of the first indent of Article 4(2) of Regulation No 1049/2001 and that in any event an overriding public interest justifying disclosure of the documents exists.

The applicant further submits that the ground for refusal pursuant to Article 4(3) of Regulation No 1049/2001 does not apply, as the decision-making process, on which the Commission relies, was not available when the contested decision was made. The relevant Commission decision (2013/448/EU) was issued on 5 September 2013.

The applicant also claims that the Commission, in any event, had to grant partial access, if necessary by redacting identification characteristics. The Commission’s decision also infringes the principle of proportionality under Article 5(4) TUE.

2.Procedural irregularity

The applicant submits that Article 8 of Regulation No 1049/2001 has been infringed as the Commission did not observe the time-limit laid down by the provision.

(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).

(2) Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (OJ 2006 L 264, p. 13).

EurLex Case Law

AI-Powered Case Law Search

Query in any language with multilingual search
Access EUR-Lex and EU Commission case law
See relevant paragraphs highlighted instantly

Get Instant Answers to Your Legal Questions

Cancel your subscription anytime, no questions asked.Start 14-Day Free Trial

At Modern Legal, we’re building the world’s best search engine for legal professionals. Access EU and global case law with AI-powered precision, saving you time and delivering relevant insights instantly.

Contact Us

Tivolska cesta 48, 1000 Ljubljana, Slovenia