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Case T-726/17: Order of the General Court of 15 May 2018 — Commune de Fessenheim and Others v Commission (Action for annulment — Access to documents — Letter sent by the Commission to the French authorities regarding the protocol for the compensation of the EDF Group in respect of the repeal of the permit to operate the Fessenheim Nuclear Power Plant — Implied refusal of access — Time limit for commencing proceedings — Delay — Inadmissibility)
ECLI:EU:UNKNOWN:62017TB0726
62017TB0726
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Valentina R., lawyer
(Case T-726/17) (*1)
‘(Action for annulment — Access to documents — Letter sent by the Commission to the French authorities regarding the protocol for the compensation of the EDF Group in respect of the repeal of the permit to operate the Fessenheim Nuclear Power Plant — Implied refusal of access — Time limit for commencing proceedings — Delay — Inadmissibility)’
Language of the case: French
Parties
Applicants: Commune de Fessenheim (France), Communauté de communes Pays Rhin-Brisach (Volgelsheim, France), Conseil départemental du Haut-Rhin (Colmar, France), Conseil régional Grand Est Alsace Champagne-Ardenne Lorraine (Strasbourg, France) (represented by: G. de Rubercy, lawyer)
Defendant: European Commission (represented by: A. Buchet, acting as Agent)
Re:
Action based on Article 263 TFEU and seeking annulment of the implied decision of 10 August 2017, by which the Commission refused to grant the applicants access to the letter sent on 22 March 2017 by the Commission to the French authorities regarding the protocol for the compensation of the Électricité de France (EDF) Group in respect of the repeal of the permit to operate the Fessenheim Nuclear Power Plant.
Operative part of the order
1.The action is dismissed as being inadmissible.
2.There is no longer any need to adjudicate on the French Republic’s application for leave to intervene.
3.The Commune de Fessenheim, the Communauté de communes Pays Rhin-Brisach, the Conseil départemental du Haut-Rhin and the Conseil régional Grand Est Alsace Champagne-Ardenne Lorraine shall bear their own costs and those incurred by the European Commission.
4.The French Republic shall bear its own costs.
* * *
(*1) OJ C 13, 15.1.2018.