8.12.2007

EN

Official Journal of the European Union

C 297/46

(Case T-392/07)

(2007/C 297/93)

Language of the case: German

Parties

Applicant: Guido Strack (Cologne, Germany) (represented by: H. Tettenborn, lawyer)

Defendant: Commission of the European Communities

Form of order sought

—annul the decisions adopted by the Commission — either actually or in the form of a deemed refusal under Article 8(3) of Regulation (EC) No 1049/2001 — in the context of the processing of the applicant's application for access to documents of 20 June 2007 and his confirmatory application of 23 July 2007 or, in the alternative, his confirmatory applications of 15 August 2007;

—order the European Commission to pay the applicant compensation for the immaterial and moral damage suffered by the applicant as a result of the processing of his application, of an appropriate amount, but at least symbolic damages in the amount of 1 Euro;

—order the European Commission to pay the costs of the procedure.

Pleas in law and main arguments

The applicant applied, on the one hand, for access to certain documents in connection with confirmatory applications for access to documents under Regulation (EC) No 1049/2001 which the Commission rejected wholly or partially and, on the other hand, access to documents relating to Case T-110/04. He was refused access to those documents or access was not granted within the period provided for.

In support of his application, the applicant submits that the defendant has infringed Article 255 EC as well as Article 2(1), (4) and (6)ff of Regulation No 1049/2001. In addition, the applicant claims that there has been an infringement of the principles of good administration and Articles 41 and 42 of the Charter of Fundamental Rights.

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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).