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Document 62008TA0362

    Case T-362/08: Judgment of the General Court of 13 January 2011 — IFAW Internationaler Tierschutz-Fonds v European Commission (Access to documents — Regulation (EC) No 1049/2001 — Documents relating to the carrying out of an industrial project in an area protected under Directive 92/43/EEC — Documents originating from a Member State — Objection on the part of the Member State — Partial refusal of access — Exception relating to the economic policy of a Member State — Article 4(5) to (7) of Regulation No 1049/2001)

    OJ C 55, 19.2.2011, p. 21–21 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    19.2.2011   

    EN

    Official Journal of the European Union

    C 55/21


    Judgment of the General Court of 13 January 2011 — IFAW Internationaler Tierschutz-Fonds v European Commission

    (Case T-362/08) (1)

    (Access to documents - Regulation (EC) No 1049/2001 - Documents relating to the carrying out of an industrial project in an area protected under Directive 92/43/EEC - Documents originating from a Member State - Objection on the part of the Member State - Partial refusal of access - Exception relating to the economic policy of a Member State - Article 4(5) to (7) of Regulation No 1049/2001)

    2011/C 55/36

    Language of the case: English

    Parties

    Applicant: IFAW Internationaler Tierschutz-Fonds gGmbH (Hamburg, Germany) (represented by: S. Crosby, Solicitor and S. Santoro, lawyer)

    Defendant: European Commission (represented by: C. O’Reilly and P. Costa de Oliveira, Agents)

    Interveners in support of the applicant: Kingdom of Denmark (represented by J. Bering Liisberg and B. Weis Fogh, Agents); Republic of Finland (represented initially by J. Heliskoski, M. Pere and H. Leppo, and later by J. Heliskoski, Agents); and Kingdom of Sweden (represented by K. Petkovska, A. Falk and S. Johannesson, Agents)

    Re:

    Annulment of the Commission’s decision of 19 June 2008 partly refusing to grant the applicant access to certain documents transmitted to the Commission by the German authorities in connection with a procedure for the declassification of a site protected under Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ 1992 L 206, p. 7).

    Operative part of the judgment

    The Court:

    1.

    Dismisses the action;

    2.

    Orders IFAW Internationaler Tierschutz-Fonds gGmbH to bear its own costs and to pay those incurred by the European Commission;

    3.

    Orders the Kingdom of Denmark, the Republic of Finland and the Kingdom of Sweden to bear their own costs.


    (1)  OJ C 301, 22.11.2008.


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