7.5.2011

Official Journal of the European Union

C 139/16

(Case T-233/09) (<span class="super">1</span>)

(Access to documents - Regulation (EC) No 1049/2001 - Document concerning an ongoing legislative procedure - Partial refusal of access - Action for annulment - Period allowed for bringing proceedings - Admissibility - Disclosure by a third party - Interest in bringing proceedings not lost - Identification of the Member State delegations which made proposals - Exception relating to the protection of the decision-making process)

2011/C 139/31

Language of the case: English

Parties

Applicant: Access Info Europe (Madrid, Spain) (represented by: O.W. Brouwer and J. Blockx, lawyers)

Defendant: Council of the European Union (represented by: C. Fekete and M. Bauer, Agents)

Interveners in support of the defendant: Hellenic Republic (represented by E.-M. Mamouna and K. Boskovits, Agents) and by United Kingdom of Great Britain and Northern Ireland (represented by E. Jenkinson and S. Ossowski, Agents, and by L.J. Stratford, Barrister)

Re:

Application for annulment of the decision of the Council of 26 February 2009 refusing in part to grant the applicant access to a note from the General Secretariat of the Council to the Working Party on Information (Document No 16338/08) concerning the Proposal for a Regulation of the European Parliament and the Council regarding public access to European Parliament, Council and Commission documents

Operative part of the judgment

The Court:

1.Annuls the Council’s decision of 26 February 2009 refusing access to certain information, contained in a note of 26 November 2008, concerning a proposal for a regulation regarding public access to European Parliament, Council and Commission documents;

2.Orders the Council to bear its own costs and to pay those incurred by Access Info Europe;

3.Orders the Hellenic Republic and the United Kingdom of Great Britain and Northern Ireland to bear their own costs.

(<span class="super">1</span>) OJ C 205, 29.8.2009