27.2.2010

Official Journal of the European Union

C 51/13

(Case C-281/08 P) (<span class="super">1</span>)

(Appeal - Action for annulment - Access to documents - Capacity of a regional parliament to be a party to legal proceedings)

2010/C 51/20

Language of the case: German

Parties

Appellant: Landtag Schleswig-Holstein (represented by: S.R. Laskowski, Privatdozentin, and J. Caspar, Professor)

Other party to the proceedings: Commission of the European Communities (represented by: P. Costa de Oliveira and B. Mertenczuk, acting as Agents)

Re:

Appeal brought against the order of the Court of First Instance (Second Chamber) of 3 April 2008 in Case T-236/06 Landtag Schleswig-Holstein v Commission, by which the Court rejected as inadmissible an application for annulment of the Commission’s decisions of 10 March 2006 and 23 June 2006 refusing to grant the applicant access to the document SEK(2005) 420, of 22 March 2005 containing a legal analysis of a draft framework decision, under discussion in the Council, on the retention of data processed and stored in relation to the provision of publicly available electronic communications services or of data transmitted by means of the public communications networks, for purposes of the prevention, investigation, detection and prosecution of crime and criminal offences, including terrorism — Capacity of a regional parliament to be a party to legal proceedings — Right to be heard before a court — Notion of ‘legal person’ in the fourth paragraph of Article 230 EC

Operative part of the order

1.The appeal is dismissed.

2.The Landtag Schleswig-Holstein is ordered to pay the costs.

(<span class="super">1</span>) OJ C 260, 11.10.2008.