18.1.2021

EN

Official Journal of the European Union

C 19/62

(Case T-675/20)

(2021/C 19/67)

Language of the case: Italian

Parties

Applicant: Leonardo SpA (Rome, Italy) (represented by: M. Esposito, F. Caccioppoli and G. Calamo, lawyers)

Defendant: European Border and Coast Guard Agency

Form of order sought

The applicant claims that the Court should, as regards the substance:

—order the examination of the documents concerned by the access request and make a related order for exhibition or filing;

—annul the contested decision;

—consequently, order FRONTEX to exhibit, without further delay, the documents concerned by that access request;

—order the defendant to pay the costs.

Pleas in law and main arguments

The present action has been brought against the rejection of the request for access to the documents relating to Tendering Procedure No FRONTEX/OP/888/2019/JL/CG, which is the subject of the proceedings currently before the General Court of the European Union in Case T-849/19 (including the award decision, the minutes of the award committee, the documents presented by the successful bidder and all the other documents in the administrative file).

In support of its action, the applicant alleges infringement of: Article 4(1)(b), the first indent of Article 4(2), and Article 4(3) of 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); of Directives 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ 2014 L 94, p. 1) and 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ 2014 L 94, p. 65), more specifically, Articles 28 and 21 thereof, respectively; of Article 161 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ 2018 L 193, p. 1); of Management Board Decision No 19 of 23 July 2019; and of Article 89 of Commission Delegated Regulation (EU) 2019/715 of 18 December 2018 on the framework financial regulation for the bodies set up under the TFEU and Euratom Treaty and referred to in Article 70 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (OJ 2019 L 122, p. 1).

In the alternative, the applicant criticises FRONTEX for failing to grant it even partial access to the documents.