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Case T-561/12: Action brought on 19 December 2012 — Beninca v Commission
ECLI:EU:UNKNOWN:62012TN0561
62012TN0561
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16.2.2013
Official Journal of the European Union
C 46/23
(Case T-561/12)
2013/C 46/42
Language of the case: English
Parties
Applicant: Jürgen Beninca (Frankfurt am Main, Germany) (represented by: C. Zschocke, lawyer)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
—Annul Commission’s Decision of 9 October 2012, refusing access to a document produced in the framework of merger proceedings (Case COMP/M.6166 — NYSE Euronext/Deutsche Börse); and
—Order the defendant to pay the costs.
Pleas in law and main arguments
In support of the action, the applicant relies on three pleas in law.
1.First plea in law, alleging that none of the exceptions listed in Article 4 of Regulation (EC) No 1049/2001 applies. This is in particular correct for the exceptions referred to by the Commission in the Decision, namely Article 4(3), second subparagraph and Article 4(2), first indent, of the said regulation.
2.Second plea in law, alleging that if any of these exceptions would apply, the Decision fails to properly consider whether at least partial (or redacted) access to the requested document is possible pursuant to Article 4(6) of Regulation (EC) No 1049/2001.
3.Third plea in law, alleging that the applicant has a right to access to the requested document because of an overriding public interest in making the document in question available, pursuant to Articles 4(2) and 4(3) of Regulation (EC) No 1049/2001.
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)