This document is an excerpt from the EUR-Lex website
Document 62017TO0257
Order of the General Court (Ninth Chamber) of 12 September 2018.
RE v European Commission.
Action for annulment and damages — Access to documents — Regulation (EC) No 1049/2001 — Implied refusal of access — No need to adjudicate — Explicit refusal of access — Modification of the form of order — Article 86(4)(a) and (b) of the Rules of Procedure — Article 76(d) of the Rules of Procedure — Inadmissibility.
Case T-257/17.
Order of the General Court (Ninth Chamber) of 12 September 2018.
RE v European Commission.
Action for annulment and damages — Access to documents — Regulation (EC) No 1049/2001 — Implied refusal of access — No need to adjudicate — Explicit refusal of access — Modification of the form of order — Article 86(4)(a) and (b) of the Rules of Procedure — Article 76(d) of the Rules of Procedure — Inadmissibility.
Case T-257/17.
Court reports – general – 'Information on unpublished decisions' section
Order of the General Court (Ninth Chamber) of 12 September 2018 –
RE v Commission
(Case T‑257/17)
(Action for annulment and damages — Access to documents — Regulation (EC) No 1049/2001 — Implied refusal of access — No need to adjudicate — Explicit refusal of access — Modification of the form of order — Article 86(4)(a) and (b) of the Rules of Procedure — Article 76(d) of the Rules of Procedure — Inadmissibility)
|
1. |
Judicial proceedings — Modification of the pleas in the course of proceedings — Formal requirements — Brief summary of the pleas in law on which the application is based — Transposition of the initial pleas in law — Conditions (Rules of Procedure of the General Court, Art. 86(4)(a) and (b)) (see paras 40, 41) |
|
2. |
Judicial proceedings — Application initiating proceedings — Formal requirements — Brief summary of the pleas in law on which the application is based (Statute of the Court of Justice, Arts 21, first para. and 53, first para.; Rules of Procedure of the General Court, Art. 76(d)) (see paras 54-56) |
|
3. |
Judicial proceedings — Application initiating proceedings — Formal requirements — Identification of the subject-matter of the dispute — Brief summary of the pleas in law on which the application is based — Action seeking compensation for loss caused by an EU institution — Application for compensation for non-pecuniary damage — Minimum requirements (Statute of the Court of Justice, Arts 21, first para. and 53, first para.; Rules of Procedure of the General Court, Art. 76(d)) (see paras 61-63) |
Re:
First, application based on Article 263 TFEU seeking annulment of an implied decision of the European Commission rejecting the confirmatory application of the applicant of 20 January 2017 for access to documents and decision C(2017) 3718 final of the Secretary General of the Commission of 24 May 2017, in so far as it refuses access to a note concerning the applicant’s recruitment, and, second, application based on Article 268 TFEU seeking compensation for the harm allegedly suffered as a result of the refusal of access to those documents and of the delay in examining the application for access to the said documents.
Operative part
|
1. |
There is no longer any need to adjudicate on the claim for annulment of the implied decision of the European Commission rejecting the confirmatory application of RE of 20 January 2017 for access to documents. |
|
2. |
The action is dismissed for the remainder. |
|
3. |
Each party shall bear its own costs. |