19.6.2010

EN

Official Journal of the European Union

C 161/47

(Case T-167/10)

(2010/C 161/75)

Language of the case: English

Parties

Applicant: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athènes, Greece) (represented by: N. Korogiannakis and M. Dermitzakis, lawyers)

Defendant: European Commission

Form of order sought

—Annul the decision of 27 January 2010 of the Secretariat General — SG.E.3/FM/psi — Ares (2010)43764- rejecting the request for a review submitted by the applicant in which it requested, pursuant to Regulation (EC) No 1049/2001, the review of the position taken by the Directorate-General for Informatics in its letter of 18 September 2009, following the applicant’s initial request, dated 14 August 2009, as concerns access to all requests for quotation (RfQs) pertaining to Lot 3A of ESP-DESIS;

—Annul the decision of 11 March 2010 of the Secretariat General — SG.E.3/FM/MIB/rc/psi — Ares(2010)131966- rejecting the request for a review submitted by the applicant in which it requested, pursuant to Regulation (EC) No 1049/2001, the review of the positions taken by the Directorate-General (DG) for Informatics, by the Publications Office of the European Union (OP, previously OPOCE) and by the Budget DG in their respective letters of 11 December 2009, following the applicant’s initial requests, dated 9 October 2009, as concerns access to all RfQs pertaining to all lots of the contracts ESP, ESP-DIMA and ESP-DESIS(dealt by Informatics DG), OPOCE’s Framework Contracts No 6011, 6102, 6103, 6020, 10042, 6121, 6031, 10030 and DG BUDGET’s Framework Contract No BUDG/O101;

—Order the Commission to pay the applicant’s legal and other costs and expenses incurred in connection with its application; even if the current application is rejected.

Pleas in law and main arguments

In support of its claims, the applicant argues that the Commission infringed the regulation No 1049/2001 by not carrying out a concrete, individual examination of the documents referred to in the request for access in order to assess whether the exceptions relied on applied or whether a partial access could be granted. Moreover, the applicant contends that the justifications provided for by the Commission with regards to the protection of the economic policy of the EU, the protection of the commercial interests and the public security reasons should be rejected as wholly unfounded as the reasons relied on by the Commission are, in the applicant’s view, general and abstract in nature and do not show that the Commission undertook a specific individual examination of the content of the requested documents.