This document is an excerpt from the EUR-Lex website
Document 62020TN0371
Case T-371/20: Action brought on 15 June 2020 — Pollinis France v Commission
Case T-371/20: Action brought on 15 June 2020 — Pollinis France v Commission
Case T-371/20: Action brought on 15 June 2020 — Pollinis France v Commission
OJ C 297, 7.9.2020, p. 39–39
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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7.9.2020 |
EN |
Official Journal of the European Union |
C 297/39 |
Action brought on 15 June 2020 — Pollinis France v Commission
(Case T-371/20)
(2020/C 297/51)
Language of the case: English
Parties
Applicant: Pollinis France (Paris, France) (represented by: C. Lepage, lawyer)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
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annul the implied decision of the European Commission rejecting a confirmatory application for access to documents registered under reference number GESTDEM No 2020/0498 pursuant to Article 8(3) of Regulation (EC) No 1049/2001; (1) |
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order the European Commission to pay EUR 3 000 to the applicant for the costs of the procedure, in application of the Article 134(1) of the Rules of Procedure. |
Pleas in law and main arguments
In support of the action, the applicant relies on three pleas in law.
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1. |
First plea in law, alleging the contested decision violates the second subparagraph of Article 4(3) of Regulation (EC) No 1049/2001, as the European Commission failed to state reasons in its application of the protection of the decision-making process exception. |
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Second plea in law, alleging the contested decision violates the second subparagraph of Article 4(3) of Regulation (EC) No 1049/2001, since there is an overriding public interest to disclose the documents requested and that the documents requested should benefit from the wider access granted to ‘legislative documents’. |
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Third plea in law, alleging the contested decision violates Article 6(1) of the Regulation (EC) No 1367/2006 of the European Parliament and of the Council, (2) since the exception stated in Article 4(3) of Regulation (EC) No 1049/2001 should be interpreted and applied all the more strictly when information requested relates to emissions into the environment. |
(1) 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).
(2) Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (OJ 2006 L 264, p. 13).