30.4.2011   

EN

Official Journal of the European Union

C 130/16

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declare the Commission in violation of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters;

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declare the Commission in violation of Regulation No 1367/2006 (1);

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declare the Commission in violation of Regulation No 1049/2001 (2);

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annul the implied decision under Article 8(3) of Regulation No 1049/2001, which is the failure by the Commission to reply within the prescribed time-limits to the applicants confirmatory application by which the Commission withheld the requested documents; and

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order the Commission to pay the applicant’s costs, including the costs of any intervening parties.

1.

First plea in law, alleging that the contested decision violates Articles 8(1) and (2) of Regulation No 1049/2001 for not replying within the prescribed time-limits to the applicant’s confirmatory application and not providing detailed reasons for doing so.

2.

Second plea in law, alleging that the contested decision violates Article 4(1)(2) and (4) of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters for failure to provide the applicant access to the requested conformity-checking studies and implementation action plans and to provide detailed reasons to do so. The contested decision also violates Article 6(1) of Regulation No 1367/2006 for failure to interpret the exceptions provided under Article 4 of Regulation No 1049/2001 in a restrictive way.

3.

Third plea in law, alleging that the contested decision violates Article 4(2)(b) of Regulation No 1367/2006 for not disseminating the requested information in the registers of the Commission.

4.

Fourth plea in law, alleging that the contested decision violates Article 7 of Regulation No 1367/2006 for not informing the applicant to which Directorate General it should request to have access to the documents concerning Directives 1998/81/EC (3) and 2001/18/EC (4) or transferring the request to the relevant Directorate General.

5.

Fifth plea in law, alleging that the contested decision violates Article 4(2) third indent of Regulation No 1049/2001 for failure to provide the applicant access to the requested conformity-checking studies and implementation action plans. The disclosure of the requested documents would not undermine the protection of the purpose of investigations under Article 4(2) or prevent the proper conduct of potential infringement procedures based on Article 258 of the TFEU. The contested decision violates Article 4(6) of Regulation No 1049/2001 for failure to provide partial access to the requested documents.

6.

Sixth plea in law, alleging that the contested decision violates article 4(3) first subparagraph of Regulation No 1049/2001. The disclosure of the requested documents would not seriously undermine the Commission’s decision-making process.

7.

Seventh plea in law, alleging that the contested decision violates Article 4(2) last indent and Article 4(3) of Regulation No 1049/2001 for failure to assess whether there is an overriding public interest in disclosure and to provide a detailed statement of reasons for such a refusal.