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Case T-36/10: Order of the General Court of 24 March 2011 — Internationaler Hilfsfonds v Commission (Action for annulment — Access to documents — Regulation (EC) No 1049/2001 — Documents relating to the LIEN 97-2011 contract — Response to an initial request — Period allowed for bringing proceedings — Manifestly inadmissible — Implied refusal of access — Interest in bringing proceedings — Explicit decision adopted after the action was brought — No need to adjudicate)
ECLI:EU:UNKNOWN:62010TB0036
62010TB0036
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21.5.2011
Official Journal of the European Union
C 152/21
(Case T-36/10)(1)
(Action for annulment - Access to documents - Regulation (EC) No 1049/2001 - Documents relating to the LIEN 97-2011 contract - Response to an initial request - Period allowed for bringing proceedings - Manifestly inadmissible - Implied refusal of access - Interest in bringing proceedings - Explicit decision adopted after the action was brought - No need to adjudicate)
2011/C 152/38
Language of the case: German
Parties
Applicant: Internationaler Hilfsfonds eV (Rosbach, Germany) (represented by: initially, H. Kaltenecker, subsequently R. Bôhm, and lastly H. Kaltenecker, lawyers)
Defendant: European Commission (represented by: P. Costa de Oliveira and T. Scharf, agents)
Intervener in support of the applicant: Kingdom of Denmark (represented by: initially B. Weis Fogh and V. Pasternak Jørgensen and, subsequently, V. Pasternak Jørgensen, C. Yang and S. Juul Jørgensen, agents)
Re:
Action for annulment of the Commission’s decisions of 9 October 2009 and 1 December 2009 refusing Internationaler Hilfsfonds full access to the file relating to the LIEN 97-2011 contract.
Operative part of the order
1.In so far as it is directed against the Commission’s decision of 9 October 2009, the action for annulment is dismissed as inadmissible.
2.There is no longer any need to adjudicate on the heads of claim in the action brought by Internationaler Hilfsfonds eV for annulment of the implied decision of the European Commission rejecting its request of 15 October 2009 for access to documents relating to the LIEN 97-2011 contract.
3.Internationaler Hilfsfonds shall bear its own costs and pay those incurred by the Commission relating to the heads of claim for annulment, in so far as they are directed against the Commission’s decision of 9 October 2009.
4.The Commission shall bear its own costs and pay those incurred by Internationaler Hilfsfonds relating to the heads of claim for annulment, in so far as they are directed against the Commission’s decision of 1 December 2009.
5.The Kingdom of Denmark shall bear its own costs.
(1) Language of the case: German.
OJ C 100, 17.4.2010.