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Document 62018CO0440
Order of the Court (Eighth Chamber) of 30 January 2019.
Verein Deutsche Sprache eV v European Commission.
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Access to documents — Regulation (EC) No 1049/2001 — Documents relating to a Commission decision concerning the alteration of the appearance of the press room in the Berlaymont Building to display only the French and English languages — Refusal to grant full access.
Case C-440/18 P.
Order of the Court (Eighth Chamber) of 30 January 2019.
Verein Deutsche Sprache eV v European Commission.
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Access to documents — Regulation (EC) No 1049/2001 — Documents relating to a Commission decision concerning the alteration of the appearance of the press room in the Berlaymont Building to display only the French and English languages — Refusal to grant full access.
Case C-440/18 P.
Court reports – general
Order of the Court of Justice (Eighth Chamber) of 30 January 2019 — Verein Deutsche Sprache v Commission
(Case C‑440/18 P) ( 1 )
(Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Access to documents — Regulation (EC) No 1049/2001 — Documents relating to a Commission decision concerning the alteration of the appearance of the press room in the Berlaymont Building to display only the French and English languages — Refusal to grant full access)
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Appeal — Grounds — Error of law relied on not identified — Plea lacking precision — Inadmissibility (Art. 256(1), second para., TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 168(1)(d)) (see para. 5) |
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Appeal — Grounds — Mistaken assessment of the facts — Inadmissibility — Review by the Court of Justice of the assessment of the facts put before the General Court — Possible only where the clear sense of the evidence has been distorted (Art. 256(1), second para., TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 5) |
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Appeal — Grounds — Review by the Court of Justice of the General Court’s refusal to order measures of inquiry — Scope (Art. 256 TFEU; Rules of Procedure of the General Court, Art. 92(1)) (see para. 5) |
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EU institutions — Right of public access to documents — Regulation No 1049/2001 — Refusal of access to a document on the ground that it does not exist or is not held by the institution concerned — Presumption of non-existence based on the statement to that effect by the institution concerned — Simple presumption rebuttable on the basis of relevant and consistent evidence (European Parliament and Council Regulation No 1049/2001, Art. 2(3)) (see para. 5) |
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Appeal — Grounds — Mere repetition of the pleas and arguments put forward before the General Court — Error of law relied on not identified — Inadmissibility (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 168(1)(d)) (see para. 5) |
Operative part
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The appeal is dismissed as manifestly inadmissible. |
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Verein Deutsche Sprache eV is ordered to bear its own costs and to pay those incurred by the European Commission. |
( 1 ) OJ C 294, 20.8.2018.